Catalyst Inc. v. Empathy Catalyst Consulting

DISCUSSION

23 Plaintiff Catalyst Inc. (“Catalyst”) filed this lawsuit against defendant Empathy Catalyst 24 Consulting (“Empathy Catalyst”), alleging claims for trademark infringement and unfair 25 competition under federal and state law. Catalyst “is a global advisory, consulting, and research 26 nonprofit organization that has been working to build inclusive environments and expand 27 opportunities for women in business and the professions for over 60 years.” Compl. ¶ 2. Catalyst provides advisory and consulting services and materials on diversity, equity and inclusion (“DEI”) to more than 400 public companies, private businesses, and other organizations, including entities in this District. Id. Catalyst is a not-for-profit consulting organization organized under the laws of 3 Ohio, with its principal place of business in New York, New York. Id. ¶ 15. Catalyst has registered 4 the CATALYST trademark “for a wide variety of goods and services related to its mission of 5 empowering women in the workplace and promoting DEI, including consulting services, 6 publications, and conferences.” Id. ¶ 6. The CATALYST mark has been registered…