Gathering Tree, LLC v. Symmetric Labs, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GATHERING TREE, LLC, Case No. 19-cv-07074-WHO

Plaintiff,

ORDER RE MOTION FOR DEFAULT

v. JUDGMENT

SYMMETRY LABS, INC., et al., Re: Dkt. No. 22 Defendants.

Plaintiff Gathering Tree, LLC (“Gathering Tree”) brings a motion for default judgment against defendant Symmetric Labs, Inc., d/b/a Symmetry Labs (“Symmetry”). Its motion with respect to its conversion claim is GRANTED. But the motion with respect to its Lanham Act claims and its California claims for intentional interference with prospective economic advantage and unfair competition is DENIED WITHOUT PREJUDICE because the complaint and the record are insufficient to show that Gathering Tree owns a valid and protectable trademark. BACKGROUND Gathering Tree was formed to oversee the financing, design, construction, and installation of the “Tree of Ténéré,” a large piece of sculptural art that originally debuted at a well-known art festival in…