Wood

Wood v. Apodaca

Good Law

375 F. Supp. 2d 942·2005 WL 1561370·2005 U.S. Dist. LEXIS 17351

United States District Court, Northern District of CaliforniaJune 23, 2005C-05-1344 PVTCalifornia3,262 words

Opinion

Trumbull, J.

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND AND MOTION FOR A MORE DEFINITE STATEMENT

On June 14, 2005, the parties appeared before Magistrate Judge Patricia V. Trumbull for hearing on a motion to dismiss under Rule 12(b)(6) or, in the alternative, for a more definite statement under Rule 12(e). The motion was filed by Defendants Randi Apodaca (“Apodaca”), Anita Spol (“Spol”), and VHM Sports, Inc. (“VHM”). All parties have consented to Magistrate Judge Jurisdiction. Based on the briefs and arguments presented,

IT IS HEREBY ORDERED that Defendants’ motion to dismiss is GRANTED with leave to amend the complaint as to Plaintiffs claim of interstate commerce and DENIED as to the remaining causes of action, as discussed below.

I. BACKGROUND

A. FACTUAL BACKGROUND

Plaintiff Ilona Wood alleges that, starting in 1996 and continuing to the present time, she has used the name and mark “Water Girl” as a trademark and Service mark in connection with products and services with an emphasis on women’s surfing and ocean sports apparel and equipment. (PL’s Compl. ¶ 7.) Plaintiff owns United States Trademark Registrations for use of the “Water Girl” mark in connection with retail…

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