Gearhead Productions, Inc. v. Gearhead Outfitters, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Gearhead Productions, Inc., No. 2:23-cv-02331-KJM-JDP Plaintiff, ORDER v. Gearhead Outfitters, Inc., Defendant. 16 In this trademark infringement action, defendant Gearhead Outfitters, Inc. moves to 18 dismiss plaintiff Gearhead Productions, Inc.’s first amended complaint for failure to state a claim under Rule 12(b)(6), or alternatively, to strike portions of the complaint under Rule 12(f). For the 20 reasons below, the court denies the motion. I. BACKGROUND The court assumes the following factual allegations are true and construes them in the 23 light most favorable to plaintiff. See Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). Founded in 24 1993, plaintiff is a California corporation that “offers inter alia, on-line retail services, clothing 25 apparel, stickers, printed matter, accessories, sound recordings, electronic publication, and online 26 journals under the Trademark…