MONTWILLO

ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT

On April 25, 2008, the Court heard argument on the parties’ cross-motions for summary judgment. For the reasons set forth below, the Court DENIES the motions.

BACKGROUND

This case arises out of a failed business venture between plaintiff Paul Montwillo and defendant William Tull to create and distribute dolls designed by Montwillo. As background, several years prior to the business venture, Montwillo made several “drag queen” and “Trailer Trash Barbie” dolls by dressing Barbie dolls in wigs, applying make-up, and changing their outfits. In 1996, Montwillo began selling his dolls at a store owned by Tull in San Francisco, In-Jean-ious Active. Soon thereafter, Mattel, Inc., the producer of Barbie Doll, sued Montwillo and In-Jeanious Active for trademark and copyright infringement. Montwillo and In-Jeanious Active settled the lawsuit with Mattel, Inc. by agreeing, inter alia, to refrain from selling any dolls based on Mattel’s Barbie line; imitating or copying or using the Barbie line packaging; imitating or copying the body shape or facial features of “Barbie” and “Ken.” See Tull Opposition Decl. Ex. 1 (Stipulated Injunction in…