Re-Marketing Group, Inc. v. Mark Miller

I. INTRODUCTION

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78: C.D. Cal. L.R. 7-15. Accordingly, the hearing date of March 1, 2021 is vacated and the matter is hereby taken under submission. On October 16, 2020, plaintiff Re-Marketing Group, Inc. (“RMG’’) filed this action against defendants Mark Miller (“Miller”) and WOW Bargains & Closeouts, Inc. (‘WOW’) (collectively, the “WOW parties”). Dkt. 1 (“Compl.”). In brief, RMG alleges that defendants have infringed a group of unregistered trademarks related to RMG’s “Pic ‘N’ Save Outlets Bargains & Closeouts” brand (the “PNC marks’), following the dissolution of a potential joint venture between the parties that was intended to license the PNC marks. The complaint alleges claims for: (1) trademark infringement pursuant to 15 U.S.C § 1125 (“the Lanham Act’); (2) California common law trademark infringement; (3) unfair competition pursuant to the Lanham Act; (4) California common law unfair competition; (4) unfair competition in violation of California Business and Professions Code § 17200, et. seq. (“UCL”); and (5) malicious prosecution. Id. On…