Love

Proceedings: DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE THIRD CLAIM FOR RELIEF (In Chambers)

Pending before the Court is a Motion For Partial Summary Judgment On The Third Claim For Relief For Federal Unfair Competition Pursuant To 15 U.S.C. § 1125 (a) (“Motion”), filed on October 16, 2006, by defendants Jean Sievers, The Lip-pin Group, Inc., Soop LLC, Brian Wilson, David Leaf and Sanctuary Records Group Ltd. (“Defendants”). Plaintiff filed an Opposition on December 4, 2006, to which all Defendants jointly replied on December 11, 2006. David Leaf also filed a separate Reply on December 11, 2006. The Court found this matter appropriate for submission without oral argument and vacated the hearing date. See Fed. R. Civ. Pro. 78; Local Rule 7-15. Upon consideration of the parties’ submissions and the case file, the Court hereby GRANTS Defendants’ Motion.

I. BACKGROUND AND PROCEDURAL HISTORY

The background of this case has been set forth several times in this Court’s previous orders. This is the latest in a long history of litigation involving the principal members of the well-known musical group. The Beach Boys. In summary, Plaintiff Mike Love alleges that Defendants…