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 DENYING v. ) PLAINTIFF’S MOTION TO DISMISS ) DEFENDANT’S COUNTERCLAIMS PIV ENTERPRISES, INC., ) ) (Docs. 20 and 23) Defendant. ) )

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. 19.) Mike’s Novelties moved to dismiss PIV’s first and second amended counterclaims for federal trademark infringement and false designation of origin in addition to PIV’s first affirmative defense for incontestability. (Doc. 20.) Counsel for Mike’s Novelties filed a declaration with the motion confirming Mike’s Novelties did not meet and confer with PIV on…