Delta V Forensic Engineering, Inc. v. Delta V Biomechanics, Inc.

I. BACKGROUND

5 The court assumes the parties’ familiarity with the factual background of this case, 6 which has been set forth in greater detail in the court’s summary judgment Order. (Dkt. 7 128.) In brief, Plaintiff is an accident reconstruction firm providing expert witness in the 8 field of forensic engineering. (Dkt. 90-5, Decl. Radwick, Ex. B (Anders Depo. at 107:18- 9 108:3; 117:19-118:4.)) Defendant provides consulting and expert witness services in the field of biomechanics. (Dkt. 85-7, Decl. Raphael ¶ 4.) Plaintiff filed this trademark infringement action against Defendant for Defendant’s use of the mark “Delta V”. (See Dkt. 1, Compl.) Defendant denied liability and asserted counterclaims for (1) cancellation of marks due to abandonment; (2) declaratory judgment of prior use; (3) declaratory judgment of non-infringement under the Lanham Act; and (4)-(5) declaratory judgment of no unfair competition under the Lanham Act and under California law. (Dkt. 29.) After the close of discovery, the parties filed cross-motions for summary judgment. (Dkts. 77, 85.) On August 23, 2019, the court granted Defendant’s motion for…