GS Holistic, LLC v. Smokin Harbor Tobacco

I. Background

A. Factual Background1 3 Since 2020, Plaintiff GS Holistic, LLC (“GS”) has marketed and sold products using the 4 trademark “Stündenglass.” Compl. ¶ 8. Stündenglass-branded products include glass infusers and 5 related accessories and are widely recognized nationally and internationally. Id. GS is the rightful 6 owner of United States trademarks, which are registered on the Principal Register, include: (1) U.S. 7 Trademark Registration Number 6,633,884 for the standard character mark “Stündenglass” in 8 association with goods further identified in registration in international class 011; (2) U.S. 9 Trademark Registration Number 6,174,292 for the design plus words mark “S” and its logo in 10 association with goods further identified in the registration in international class 034; and (3) U.S. 11 Trademark Registration Number 6,174,291 for the standard character mark “Stündenglass” in 12 association with goods further identified in registration in international class 034 (collectively, the 13 “Stündenglass Marks”). Id. ¶ 11. GS has used the Stündenglass Marks in commerce throughout the 14 United States, continuously, since 2020, in connection with the…