Quintana

Maxim Integrated Products, Inc. v. Quintana

Good Law

654 F. Supp. 2d 1024·2009 WL 2136963·2009 U.S. Dist. LEXIS 89835

United States District Court, Northern District of CaliforniaJuly 16, 2009C 09-00514 JWCalifornia3,830 words

Opinion

Ware, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

Maxim Integrated Products, Inc. (“Plaintiff’) brings this action against Richard Quintana (“Quintana”) and MyiButton, LLC (“My-iButton”) (collectively, “Defendants”), alleging, inter alia, trademark infringement and false advertising under the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). Plaintiff alleges that Defendants deliberately advertise, market and use a product with a confusingly similar trademark to that of Plaintiffs incontestable i Button marks.

Presently before the Court is Plaintiffs Motion for Preliminary Injunction. The Court conducted a hearing on July 6, 2009. Based on the papers submitted to date and oral argument, the Court GRANTS Plaintiffs Motion for Preliminary Injunction.

II. BACKGROUND

In a Complaint filed on February 4, 2009, Plaintiff alleges as follows:

On the basis of the allegations outlined above, Plaintiff alleges seven causes of action: (1) Federal Trademark Infringement, 15 U.S.C. § 1114 ; (2) Federal Unfair Competition, 15 U.S.C. § 1125 (a); (3) Federal Trademark Dilution, 15 U.S.C. § 1125 (c); (4) Unfair Competition, Cal. Bus. & ProfCode §§ 17200, et seq.; (5)…

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