Specifically, the court dismissed claims based on the Claire Dancefiend Avatar and Figurine, Brookhaven Customer Avatar and Figurine, and Stylz Salon Stylist Avatar and Figurine because those works were not registered before plaintiffs filed suit. The court dismissed plaintiffs’ copyright claims based on certain avatars that were not timely registered for copyright.

Defendants moved to dismiss the complaint the district court granted in part and denied in part defendants’ motion. Plaintiffs also alleged that defendants improperly marketed the dolls online using the hashtags “#roblox” and “#newroblox,” and on the Roblox platform itself. Plaintiffs pointed specifically to videos and social media posts by Wowwee Group’s Vice President of Brand Development and Creative Strategy showing a My Avastars doll based on her Roblox avatar, in which she admits she was “inspired” to create the doll line while playing Roblox and customizing her avatar. Plaintiffs alleged that defendants’ social media posts and other marketing for their My Avastars dolls established that the dolls were copied from the Roblox Classic Avatars. Roblox and Jazwares brought suit in 2022 against toy manufacturers and sellers Wowwee Group Limited, Wowwee Canada, Inc., and Wowwee USA for copyright infringement, trademark infringement, false advertising, false association and designation of origin, trade dress infringement and various state-law claims, alleging that Wowwee’s toy dolls, called “My Avastars,” were copied directly from Roblox’s Classic Avatars. Given the popularity of its avatars, Roblox authorized co-plaintiff Jazwares to manufacture avatar figurines, which are real-world toys based on the Classic Avatars. Users interact on the platform using virtual representations of themselves known as “avatars.” Roblox offers various “Classic Avatars” to users and also allows users to customize their own avatars from template “Avatar Bases” by changing hairstyles, clothing, accessories and facial expressions. Plaintiff Roblox Corporation operates a popular online gaming platform offering virtual games and online entertainment experiences. District court holds online gaming platform Roblox adequately pled Lanham Act claims against manufacturer of figurines resembling Roblox avatars, but dismisses copyright infringement claims based on avatars Roblox failed to register for copyright before filing suit.

Roblox corporate