M2 Software, Inc. v. M2 Communications, L.L.C.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION

I.

INTRODUCTION

This matter is before the Court on cross-motions for Summary Judgment and Summary Adjudication. Defendant M2 Communications, L.L.C. (“M2 Communications”) moves for Summary Judgment, arguing that no reasonable jury could conclude that there is a likelihood of confusion between Defendant’s Christian music products and the music products and music business services of Plaintiff M2 Software, Inc. (“M2 Software”). On the other hand, Plaintiff moves for Summary Adjudication, arguing that no reasonable jury could not conclude that there is a likelihood of confusion. For the reasons provided below, Defendant’s motion is GRANTED and Plaintiffs motion is DENIED. Based on the Court’s rulings on the cross-motions, Defendant’s motion for Summary Adjudication on the Issue of Damages is MOOT.

II.

SUMMARY JUDGMENT STANDARD

Federal Rule of Civil Procedure 56(c) provides for summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material…