In the Andersen v. Stability AI case, Judge Orrick denied Midjourney’s request for clarification of the court’s denial of its motion to dismiss the Lanham Act trade dress claims. Midjourney cited Judge Orrick’s own prior decision in its motion: “[C]ourts in this circuit have required trade dress plaintiffs, at the very least, to provide adequate notice [of their claim] by including in their complaint a ‘complete recitation of the concrete elements of [their] alleged trade dress.’” Arcsoft, Inc. v. Cyberlink Corp., 153 F. Supp. 3d 1057, 1069 (N.D. Cal. 2015) (Orrick, J.) (emphasis added).
But Judge Orrick ruled that the request for clarification was nothing other than a motion for the court to reconsider its ruling, which is subject to a high standard of “manifest failure … to consider dispositive legal arguments.”
