Steeped, Inc. v. Nuzee, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEEPED, INC., Case No. 19-cv-03763-HSG

Plaintiff, ORDER DENYING MOTION FOR

SUMMARY ADJUDICATION

v. Re: Dkt. No. 50 NUZEE, INC., Defendant.

12 Pending before the Court is Defendant Nuzee, Inc.’s (“Nuzee” or “Defendant”) motion for summary adjudication in the action brought by Plaintiff Steeped, Inc. (“Steeped Coffee” or “Plaintiff”). Briefing on the motion is complete. Dkt. Nos. 50 (“Mot.”), 53 (“Opp.”), and 54 (“Reply”). The Court held a hearing on the motion on October 22, 2020. For the reasons below, the Court DENIES Defendant’s motion for summary adjudication. I. BACKGROUND In June 2019, Plaintiff filed trademark infringement claims against Defendant for its use of the STEEPED COFFEE trademark. See Dkt. No. 1 (“Compl.”). Plaintiff alleges that “NuZee’s use of ‘Steep Coffee,’ ‘Steep Bag Coffee,’ ‘Steep Pouch,’ ‘Steeped to Perfection,’ and similar terms [in connection with its Pine Ranch Coffee Co. brand product]…