Trustee of the Summers Family Trust TA Neak Products Buff WA Pty, Ltd. v. National Distribution Warehouse, Inc.

I. INTRODUCTION

On November 24, 2020, plaintiff Trustee of the Summers Family Trust TA Neak Product Buff WA Pty, Ltd. (“Summers”) filed this action against defendant National Distribution Warehouse, Inc., d/b/a Teacher’s Choice (“Teacher’s Choice”). Dkt 1 (“Compl.”). The complaint asserts five claims against defendant for: (1) trademark infringement in violation of the Lanham Act, 15 U.S.C. §§1051 ef seg., (2) trade dress infringement in violation of the Lanham Act; (3) design patent infringement, in violation of 35 U.S.C. § 271(a)-(b); (4) common law unfair competition; and (5) common law tortious interference with prospective economic advantage. Id. The gravamen of plaintiff's complaint is that defendant makes and sells educational clocks that have designs and marks that are confusingly similar to the educational clocks plaintiff sells, and thereby infringe on plaintiff's trademark, trade dress, and design patent. Id. at 5. On April 28, 2021, defendant filed the instant motion to dismiss. Dkt. 12 (“Mot.”). On May 17, 2021, plaintiff filed an opposition. Dkt. 13 (“Opp.”). Defendant filed a reply on May…