Bauer Bros. v. Nike, Inc.
Opinion
Lead Opinion
Hayes, J.
ORDER
The matters before the Court are: (1) the renewed motion for summary judgment (ECF No. 245) filed by Defendant Nike, Inc. (“Nike”); (2) the motion for summary judgment on Nike’s counterclaims (ECF No. 246) filed by Plaintiff Bauer Bros., LLC (“Bauer); and (3) the motion to voluntarily amend trademark registrations (ECF No. 247) filed by Bauer.
I. BACKGROUND
On March 12, 2009, Bauer initiated this action by filing 'a Complaint against Nike. (ECF No. 1). Bauer alleges that it is the owner of registered trademarks for “Don’t Tread on Me” and “DTOM” on apparel. Bauer alleges that Nike sold apparel bearing these trademarks without Bauer’s authorization. In the Complaint, Bauer asserts three causes of action against Nike: (1) unfair competition pursuant to the Lan-ham Act ( 15 U.S.C. § 1125 ); (2) unfair competition pursuant to California law ( Cal. Bus. & Prof. Code § 17200 ); and (3) common law trademark infringement.
On April 3, 2009, Nike filed an Answer and Counterclaims. (ECF No. 4). On October 8, 2010, Nike filed Amended Counterclaims seeking cancellation of the “Don’t Tread on Me” and “DTOM” trademarks pursuant to 15 U.S.C. §§ 1064 and 1119. Nike alleges that Bauer’s…