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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

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