Moroccanoil, Inc. v. Groupon, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOROCCA-NOIL’S MOTION, and DENYING GROUPON’S MOTION

Before the Court are Motions for Partial Summary Judgment filed by Plaintiff Mor-occanoil, Inc. (“Moroceanoil”) and Defendant Groupon, Inc. (“Groupon”). (Dkt. Nos. 168, 175.) Oppositions. and replies, along with voluminous evidence, were filed with both Motions. The Court heard oral argument on September 22, 2017. For the following reasons the Court. GRANTS in part and DENIES in part Moroccanoil’s Motion, and DENIES Groupon’s Motion.

I. BACKGROUND

Moroceanoil is the exclusive United States distributor of a hair oil referred to herein as Moroceanoil Treatment, and owns several trademarks it uses in connection with marketing its Moroceanoil Treatment. See First Amended Complaint (“FAC”) ¶¶ 3, 4, 15. Moroceanoil alleges that between August and October 2015, Groupon sold, through its e-commerce marketplace, counterfeit Moroceanoil Treatment in packaging bearing Morocca-noil’s trademarks and that used trade dress nearly identical to Moroccanoil’s trade dress. FAC ¶¶ 21-22. Based on these allegations, Moroceanoil sued Groupon for (1) federal trademark infringement and counterfeiting, 15…