Moroccanoil, Inc. v. Marc Anthony Cosmetics, Inc.
Opinion
Lead Opinion
Gee, J.
ORDER RE MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION OF ISSUES [DOC. ##211, 215, 219, 224, 227, 229, 233.]
This matter is before the Court on the parties’ motions for summary judgment or summary adjudication of issues. [Doc. ## 211, 215, 219, 224, 227, 229, 233.] The Court held a hearing on the motions on September 12, 2014. The Court has duly considered the arguments and evidence presented in support of and in opposition to the motions. For the reasons discussed below, Marc Anthony’s motions for summary judgment are DENIED. The Court GRANTS Moroccanoil’s motions for summary adjudication of affirmative defense nos. two, four, and five, and DENIES the motion as to affirmative defense no. three.
I.
PROCEDURAL BACKGROUND
On April 19, 2013, Plaintiff Moroccanoil, Inc. filed a complaint against Defendant Marc Anthony Cosmetics, Inc., asserting claims for: (1) federal trademark infringement pursuant to 15 U.S.C. § 1114 ; (2) federal trademark infringement and unfair competition in violation of 15 U.S.C. § 1125 (a); (3) common law trademark infringement and unfair competition; and (4) statutory unfair competition and false advertising under Bus. & Prof.Code §§ 17200 and…