Gathering Tree, LLC v. Symmetric Labs, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GATHERING TREE, LLC, Case No. 19-cv-07074-WHO
8 Plaintiff,
ORDER RE MOTION FOR DEFAULT
9 v. JUDGMENT
10 SYMMETRY LABS, INC., et al., Re: Dkt. No. 22 Defendants. 11
12 Plaintiff Gathering Tree, LLC (“Gathering Tree”) brings a motion for default judgment 13 against defendant Symmetric Labs, Inc., d/b/a Symmetry Labs (“Symmetry”). Its motion with 14 respect to its conversion claim is GRANTED. But the motion with respect to its Lanham Act 15 claims and its California claims for intentional interference with prospective economic advantage 16 and unfair competition is DENIED WITHOUT PREJUDICE because the complaint and the record 17 are insufficient to show that Gathering Tree owns a valid and protectable trademark. 18 BACKGROUND 19 Gathering Tree was formed to oversee the financing, design, construction, and installation 20 of the “Tree of Ténéré,” a large piece of sculptural art that originally debuted at a well-known art 21 festival in…