Threshold Enterprises Ltd. v. Pressed Juicery, Inc.

BACKGROUND

16 Threshold Enterprises, Ltd. (“Threshold”) sells various vitamin and dietary supplements 17 under its “Source Naturals” brand. (Dkt. No. 1 (Complaint) ¶¶ 6, 9-10.) Threshold owns federal 18 trademark registrations for “wellness shots” (U.S. Reg. No. 3,073,471) and “wellness shot” (U.S. 19 Reg. No. 4, 405,519) in conjunction with “dietary supplements,” and sells a product marked as 20 “wellness shot.” (Id. ¶¶ 9, 10 and Ex. B.) Threshold’s products are both marketed on its website1 21 and sold through retailers. (See id. ¶ 7.) Threshold markets its “wellness shot” as providing 22 “immune support.” (See id. ¶ Ex. B.) 23 The registration for “wellness shots” disclaims the exclusive right to use the word 24 “wellness” apart from the full mark. (Dkt. No. 13 (Answer and Counterclaim) ¶ 14 and Ex. D.) 25 The registration for “wellness shot” disclaims the exclusive right to use the word “shot” apart from 26 the full mark. (Id. ¶ 14 and Exs. C and D.) 27 Pressed Juicery sells multiple products through its store locations and its website including nutritional “shots” containing ingredients associated with purported health and wellness benefits.2 (See…