Kiva Health Brands LLC v. Kiva Brands Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 KIVA HEALTH BRANDS LLC, Case No. 19-cv-03459-CRB

Plaintiff,

ORDER ON CROSS-MOTIONS

v.

KIVA BRANDS INC., et al., Defendants.

In this trademark case, Plaintiff Kiva Health Brands LLC (“KHB”), a maker of natural foods, and Defendant Kiva Brands Inc. (“KBI”), a maker of cannabis-infused chocolates, both claim the right to the KIVA mark. The Court instructed the parties to file “any motions for summary judgment or partial summary judgment, as to the federal claims in this case only.” Order Vacating CMC (dkt. 61). In response, KHB filed a motion for partial summary judgment on KBI’s affirmative defenses of laches, prior use, acquiescence, waiver, and estoppel. KHB MSJ (dkt. 63). The same day, KBI filed a motion for partial summary judgment on the single affirmative defense of laches. KBI MSJ (dkt. 64). Because there is a dispute of fact as to when KHB knew or should have known about the threat from KBI, the Court DENIES both motions as to…