Choose Energy, Inc. v. American Petroleum Institute

ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION TO STRIKE

(Re: Docket Nos. 20, 32)

Last October, Plaintiff Choose Energy, Inc. filed this trademark infringement action against Defendant American Petroleum Institute over API’s use of “choose energy” in its pre-election promotional campaign. In the days leading up to the November election, Choose Energy sought a temporary restraining order to require API to take down its website at chooseen-ergy.org. This court denied such relief, finding insufficient likelihood of success on Choose Energy’s claims, particularly in light of Choose Energy’s inability to establish that it competes with API. With the election in the rear view mirror — and the website at issue no longer in operation— API now moves to dismiss Choose Energy’s federal and state law claims and moves to strike Choose Energy’s state law claims under California’s anti-SLAPP statute. Both motions are GRANTED.

I.

The Trademark Act of 1946 (“Lanham Act”) prohibits uses of trademarks, *1220 trade names, and trade dress that are likely to cause confusion about the source of a product or service. 1 “The Supreme Court has made it clear that trademark infringement law…