Youngevity International, Inc. v. Renew Life Formulas, Inc.
Opinion
Lead Opinion
Battaglia, J.
ORDER GRANTING DEFENDANT RENEW LIFE FORMULAS, INC.’S MOTION TO STAY
Presently before the Court is Defendant Renew Life Formulas, Inc.’s (“Renew Life”) motion to dismiss, stay, or transfer the case pursuant to the first-to-file rule. 1 (Doc. No. 13.) Plaintiff Youngevity International, Inc. (“Youngevity”) filed an opposition on August 4, 2014, (Doc. No. 19), and Renew Life filed a reply on August 11, 2014, (Doc. No. 20). In accordance with Civil Local Rule 7.1.d.l, the Court finds the motion suitable for determination on the papers and without oral argument. Accordingly, the motion hearing scheduled for September 11, 2014 is hereby vacated. For the reasons set below, the Court GRANTS Renew Life’s motion to stay. (Doc. No. 13.)
BACKGROUND
I. Youngevity’s Trademark
Youngevity is a Delaware corporation organized in 1997, and has its principal place of business in Chula Vista, Califor *1380 nia. 2 (Compl. ¶ 5.) Youngevity offers a variety of health care products and nutritional supplements, many of which are offered under the brand name ULTIMATE, including, but not limited to, ULTIMATE selenium™, ULTIMATE ALUCO gel™, ultimate tangerine™, ULTIMATE DAILY™, ULTIMATE EFA PLUS™,…