Playboy Enterprises, Inc. v. Terri Welles, Inc.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION

On February 27, 1998, Plaintiff Playboy Enterprises, Inc. (PEI) filed a Complaint against Defendant Terri Welles. The Complaint consists of five causes of action: 1) Count I, trademark infringement pursuant to 15 U.S.C. § 1114 (1); 2) Count II, false designation of origin and unfair competition under 15 U.S.C. § 1125 (a); 3) Count III, dilution of trademarks pursuant to 15 U.S.C. § 1125 (c); 4) Count IV, trademark infringement and unfair competition under California common law; and 5) Count V, unfair competition in violation of Cal. Bus. & Prof.Code § 17200, et seq. On December 21, 1998, Plaintiff filed a first amended complaint adding Defendants Terri Welles, Inc., the current business corporation owned and operated by Ms. Welles, whose internet on-line service comprises Ms. Welles’ business, and Stephen Huntington, the former webmaster of Ms. Welles’ website who was responsible for developing and maintaining Ms. Welles’ website prior to Defendant Mihalko’s succession to the job as webmaster. On April 1, 1999, Plaintiff filed a Second Amended Complaint, supplementing the…