Residential Energy Services Network, Inc. v. Building Science Institute, Ltd. Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RESIDENTIAL ENERGY SERVICES Case No.: 3:22-cv-1641-AGS-MSB

NETWORK, INC.,

O RDER DENYING:

(1) DEFENDANTS’ DISMISSAL Plaintiff,

MOTION (ECF 42);

v. (2) DEFENDANTS’ MOTION TO

STRIKE (ECF 42); AND

BUILDING SCIENCE INSTITUTE, (3) JUDICIAL-NOTICE REQUESTS LTD. CO., et al., (ECF 42-4 & 47-2)

Defendants.

In this trademark-infringement case, defendants move to dismiss the second amended complaint or, in the alternative, to strike portions of it. BACKGROUND1 Since 2007, plaintiff Residential Energy Services Network (RESNET) has owned a trademark for the acronym “HERS.” (Id. at 4–5; see ECF 40-7, at 2–3.) According to RESNET, its “Home Energy Rating System (‘HERS®’) Index is the industry standard by which a home’s energy efficiency is measured.” (ECF 40, at 3.) In 2022, defendant Building Science Institute, Ltd. Co. (BSI)—a newly formed 19 …