Schultz

Airwair International Ltd. v. Schultz

Bad Law

84 F. Supp. 3d 943·2015 WL 1307123·2015 U.S. Dist. LEXIS 36195

United States District Court, Northern District of CaliforniaMarch 23, 2015Case No.:13-CV-01190-LHKCalifornia8,280 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND MOTION TO STRIKE

Re: Dkt. No.

Before the Court is a motion to dismiss counterclaims and to strike affirmative defenses filed by Plaintiff AirWair International Ltd. (“AirWair”). ECF No. 52 (“Mot.”). AirWair moves to dismiss all of the counterclaims and to strike some of the affirmative defenses of Defendant NPS (Shoes) Ltd. (“NPS”). See ECF No. 49 (“Aff. Def.” or “Countercl.”). Pursuant to Civil Local Rule 7-l(b), the Court finds this matter appropriate for resolution without oral argument, and hereby VACATES the hearing scheduled for March 26, 2015, at 1:30 p.m.' The case management conference, also scheduled for March 26, 2015, at 1:30 p.m, remains as scheduled. Having considered the parties’ arguments and the applicable law, the Court GRANTS IN PART AND DENIES IN PART AirWair’s motion, for the reasons stated below.

I. BACKGROUND

A. Factual Background

AirWair, a company based in the village of Wollaston, England, designs, manufactures, markets, and sells footwear under the Dr. Martens trademark. ECF No. 28 (“First Am. Compl.”) ¶¶ 1, 11. AirWair holds several registrations with the U.S. Patent and Trademark…

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