Guagliardo

ORDER RE: PLAINTIFF’S MOTION TO DISMISS PURSUANT TO FED. R.CIV.P. 12(B)(6); MOTION TO STRIKE PURSUANT TO CAL.CIV. PRO.CODE 425.16; ATTORNEYS’ FEES PURSUANT TO CAL.CIV. PRO.CODE § 425.16

This case involves a dispute over rights to a trademark, and/or an associated domain name. Plaintiff has filed a Motion to Dismiss and Motion to Strike Defendants’ counterclaims for cancellation of Plaintiffs registered trademark, trade libel, slander of title, unfair/unlawful business practices, and unfair competition. Pursuant to the Motion to Strike, Plaintiff also seeks attorneys’ fees as well as costs incurred in defending against the state law counterclaims. For the reasons that will be indicated below, the Court hereby GRANTS Plaintiffs Motion to Dismiss Defendants’ federal claim for trademark cancellation. The Court DISMISSES Defendants’ state law claims. In addition, the Court finds that Plaintiff is a “prevailing party.”

I. PROCEDURAL HISTORY

Plaintiff and Counter-Defendant eCASH TECHNOLOGIES (“Plaintiff’) filed the initial Complaint in this matter on March 29, 2000, naming as Defendants MARK GUAGLIARDO dba ECASH. COM, NETCONCEPT INTERACTIVE, NETCONCEPT, and NETCONCEPT INC.…