Shah

ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (2) DECLARING PLAINTIFF AS THE RIGHTFUL OWNER OF THE TRADEMARKS AND LOGO AT ISSUE (3) AUTHORIZING USPTO TO DENY REGISTRATION OF DEFENDANT’S APPLICATIONS AND REGISTER PLAINTIFF’S APPLICATIONS.

In the present action, the City of Carlsbad (“Plaintiff’) alleges various claims against Prince Reza Shah (“Defendant”), including copyright infringement, cybersquatting, unfair competition in violation of the Lanham Act; unfair competition in violation of California’s Business and Professional Code § 17200, and common law unfair competition. Plaintiff also seeks a declaratory judgment regarding who holds trademark rights in various marks at issue in the case. In return, Defendant filed a counterclaim in which he seeks a declaration that his trademark rights are superior to that of Plaintiffs, and an injunction against Plaintiff from further utilizing the marks.

The only issue presently before the Court is Plaintiffs motion for partial summary judgment, which contends that the claim for relief for declaratory judgment regarding trademark rights contains no genuine issue of material fact and is ripe for summary judgment. For the…