Fleischer Studios, Inc. v. A.V.E.L.A. Inc.

Good Law
772 F. Supp. 2d 1155·2009 WL 7464164·2009 U.S. Dist. LEXIS 130735
United States District Court, Central District of CaliforniaJune 29, 2009Case 2:06-cv-06229-FMC-MANxCalifornia8,346 words

Opinion

Opinion

Cooper, J.

ORDER DENYING PLAINTIFF’S MOTION FOR, SUMMARY JUDGMENT ON TRADEMARK AND UNFAIR COMPETITION CLAIMS AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON TRADEMARK AND UNFAIR COMPETITION CLAIMS

The matter is before the Court on Plaintiffs Motion for Summary Judgment (docket no. 48) and Defendants’ Motion for Summary Judgment (docket no. 53), a portion of which the Court decided with its December 16, 2008, 772 F.Supp.2d 1135 , 2008 WL 8236986 (C.D.Cal.2008), Order Re Plaintiffs Motion for Summary Judgment and a Permanent Injunction and De fendant’s Motion for Summary Judgment (“Dec. 16, 2008 Order”). The Court has read and considered the parties’ moving, opposing, and reply documents, as well as the supplemental briefing ordered by the Court regarding Plaintiffs trademark and unfair competition claims. The Court deems the matter appropriate for decision without further oral argument. See Fed. R.Civ.P. 78; Local Rule 7-15. For the reasons and in the manner set forth below, Plaintiffs Motion with respect to Plaintiffs trademark and unfair competition claims is DENIED; and Defendant’s Motion is GRANTED on those claims.

I. FACTUAL AND PROCEDURAL BACKGROUND

This action arises…

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