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 DENYING 13 v. ) PLAINTIFF’S MOTION TO DISMISS ) DEFENDANT’S COUNTERCLAIMS 14 PIV ENTERPRISES, INC., ) ) (Docs. 20 and 23) 15 Defendant. ) ) 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. 19.) Mike’s Novelties moved to dismiss PIV’s first and second amended counterclaims 21 for federal trademark infringement and false designation of origin in addition to PIV’s first affirmative 22 defense for incontestability. (Doc. 20.) Counsel for Mike’s Novelties filed a declaration with the 23 motion confirming Mike’s Novelties did not meet and confer with PIV on…