Monster Cable Products, Inc. v. Euroflex S.R.L.

Caution

642 F. Supp. 2d 1001·2009 WL 2051422·73 Fed. R. Serv. 3d 1466·2009 U.S. Dist. LEXIS 59438

United States District Court, Northern District of CaliforniaJuly 10, 2009C 08-3338 PJHCalifornia3,904 words

Opinion

Hamilton, J.

ORDER DENYING MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FOR FAILURE TO STATE A CLAIM; GRANTING MOTION FOR MORE DEFINITE STATEMENT; GRANTING MOTION TO DISMISS COUNT VII FOR LACK OF SUBJECT MATTER JURISDICTION

Defendants’ motions to dismiss came on for hearing on July 1, 2009, before this court. Plaintiff appeared by its counsel Robert Payne, and defendants appeared by their counsel Renee DuBord Brown and Michael Rudolph. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby rules as follows and for the reasons stated at the hearing.

BACKGROUND

Plaintiff Monster Cable Products, Inc. (“MCP”) is a California corporation headquartered in Brisbane, California. MCP has been using the mark “MONSTER” continuously since August 18, 1978. MCP initially used “MONSTER” and related marks for electrical, audio, video, clothing, and musical items. It subsequently used the marks for computer products and services, internet and electronic commerce, professional sports events, sporting goods, community events, grammy award-winning music production and entertainment, television entertainment and merchandising, and…

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