Fitbug Ltd. v. Fitbit, Inc.
Opinion
Lead Opinion
Conti, J.
ORDER ON MOTIONS FOR SUMMARY JUDGMENT
I. INTRODUCTION
Now before the Court are two motions for summary judgment in this trademark infringement and unfair competition case. First, Plaintiff Fitbug Ltd. (“Fitbug”) seeks partial summary judgment on likelihood of confusion; Defendant Fitbit, Inc.’s (“Fitbit”) affirmative defense of laches; and Fitbit’s fifth and sixth counterclaims. ECF No. 47-3 (“Fitbug Mot.”). Second, Fitbit moves for summary judgment on two affirmative defenses: laches and acquiescence. ECF No. 50 (“Fitbit Mot.”). Both motions are fully briefed, 1 and appropriate resolution without oral argument under Civil Local Rule 7-l(b). Relatedly, Fitbit has filed an objection to reply evi *1184 dence under Civil Local Rule 7-ll(b) or, in the alternative, a motion to file supplemental briefing. ECF No. 81 (“Fitbit Obj.”). Fitbug opposes that request. ECF No. 83. For the reasons set forth below, Fit-bug’s motion for summary judgment is GRANTED IN PART and DENIED IN PART. Fitbit’s motion for summary judgment is GRANTED. Fitbit’s objection to reply evidence is DENIED, but the alternative motion for leave to file supplemental briefing is GRANTED.