Chicago's Pizza Inc. v. KSM Pizza, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHICAGO’S PIZZA INC., No. 2:19-CV-02373-KJM-CKD Plaintiff, v. ORDER KSM PIZZA, INC., Defendant. 16 17 In this dispute between two pizza companies over defendant’s use of a logo that allegedly infringes on plaintiff’s trademark, defendant moves to dismiss plaintiff’s complaint. Mot., ECF No. 9. Plaintiff has brought three claims: (1) false designation of origin, false description, and unfair competition under the Lanham Act, 15 U.S.C. § 1125(a), Compl. ¶¶ 24– 32; (2) trademark infringement under California state and common law, id. ¶¶ 33–38; and (3) unfair competition under California state and common law, id. ¶¶ 39–44. Defendant moves under Federal Rule of Civil Procedure 12(b)(1), arguing the court lacks subject matter jurisdiction and requesting an evidentiary hearing, as well as under Rule 12(b)(6), arguing all of plaintiff’s claims fail as a matter of law, because plaintiff has expressly disclaimed any rights to the…