Walter
Walter v. Mattel, Inc.
Opinion
Opinion
Kelleher, J.
MEMORANDUM OF DECISION & ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON PARTIAL FINDINGS UPON CLOSE OF PLAINTIFF’S CASE
The Court, having read and considered all papers filed in connection with this litigation, including all papers filed in connection with Defendant’s Motion for Judgment on Partial Findings Upon Close of Plaintiffs Case, pursuant to Fed.R.Civ.P. 52(e), and having heard testimony on August 25, 26, and 27, 1998, hereby orders as follows.
I. INTRODUCTION
On March 23, 1998, Plaintiff Katherine Walter, also known as and doing business as Pearl Beach (“Plaintiff’) filed a Complaint for (1) false designation of origin and false deception under the Lanham Act, 15 U.S.C. § 1125 (a), (2) common law unfair competition, and (3) statutory unfair competition under Cal.Bus. & PROF.Code § 17200 et seq. Plaintiff, a commercial illustrator who provides illustration services and illustrations to professional clients, alleges that in 1997 Defendant Mattel, Inc. (“Mattel”) misappropriated her long standing marks when it began promoting and distributing a line of “Pearl Beach Barbie” dolls, which she claims not only used her name but copied her pearl & shell logo on the product…