Mike's Novelties, Inc. v. PIV Enterprises, Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MIKE’S NOVELTIES, INC., ) Case No.: 1:23-cv-1309 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS GRANTING 13 v. ) PLAINTIFF’S MOTOIN TO DISMISS ) DEFENDANT’S COUNTERCLAIMS WITH 14 PIV ENTERPRISES, INC., ) LEAVE TO AMEND ) 15 Defendant. ) (Docs. 8 and 16) ) 16

17 Mike’s Novelties, Inc. previously distributed products of PIV Enterprises, which develops, 18 manufactures, and sells detox, cleansing, and lifestyle products. PIV alleges that Mike’s Novelties is 19 now manufacturing, distributing and/or selling a counterfeit product bearing its trademarks. (See 20 generally Doc. 7.) Mike’s Novelties moved to dismiss PIV’s first and second amended counterclaims 21 for federal trademark infringement and false designation of origin. (Doc. 8.) 22 The assigned magistrate judge found the allegations were insufficient to support PIV’s 23 counterclaims for trademark infringement and false designation of origin and…