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FAN ACTION, INC. v. YAHOO! INC.

Case No. 3:10CV75-PPS/CAN.

830 F.Supp.2d 584 (2011)

FAN ACTION, INC. d/b/a Blue and Gold Illustrated d/b/a Blueand-Gold.com, Plaintiff, v. YAHOO! INC. d/b/a Rivals.com, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

November 18, 2011.

Attorney(s) appearing for the Case

Clay M. Patton, Osan & Patton, LLP, Valparaiso, IN, Michele Floyd PHV, K & L Gates LLP, Palo Alto, CA, for Defendant.

OPINION AND ORDER

PHILIP P. SIMON, Chief Judge.

Plaintiff Fan Action filed a Second Amended Complaint (DE 67) alleging breach of contract, breach of implied duty of good faith and fair dealing, and unfair competition. Defendant Yahoo has filed a Motion to Dismiss (DE 71) pursuant to Fed.R.Civ.P. 12(b)(6) on the grounds that: (1) the breach of contract claim is too vague to be plausible on its face, failing to provide notice to Yahoo as to the nature...

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