Conversive, Inc. v. Conversagent, Inc.

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT; ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION.

This matter is before the Court on plaintiffs Motion for Partial Summary Judgment, and plaintiffs Motion for Preliminary Injunction. The matter was heard on May 1, 2006, and was taken under submission. For the reasons set forth below, the Coui*t grants the Motion for Partial Summary Judgment, and the Court grants the Motion for Preliminary Injunction. Concurrently with this Order, the Court has entered plaintiffs proposed preliminary injunction.

I. Background

This action arises out of a dispute over the parties’ trademarks. Plaintiff claims that defendant infringed upon its trademarks. Defendant contends that plaintiffs’ trademarks are not protectable, and that it has senior rights to a similar mark.

Plaintiff brings the following claims: (1) Trademark infringement in violation of 15 U.S.C. § 1114 (1) (§ 32(1) of the Lanham Act); (2) false designation of origin and unfair competition in violation of 15 U.S.C. § 1125 (a) (§ 43(a) of the Lanham Act); (3) Trademark dilution in violation of 15 U.S.C. § 1125 (c)(1) (§ 43(c)(1) of the Lan-ham Act); (4) California Trademark Dilution,…