Cole-Parmer Instrument Company LLC v. Professional Laboratories, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

COLE-PARMER INSTRUMENT Case No. 20-CV-08493-LHK

COMPANY LLC,

13 Plaintiff, ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND

14 v. Re: Dkt. No. 9

PROFESSIONAL LABORATORIES, INC.,

16 Defendant. 17 Cole-Parmer Instrument Company LLC (“Plaintiff”)1 sues Professional Laboratories, Inc. 18 (“Defendant”) for (1) trademark infringement under 15 U.S.C. § 1114(1); (2) federal unfair 19 competition under 15 U.S.C. § 1125(a); (3) violation of the California Unfair Competition Law 20 (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq.; (4) trademark infringement under common 21 law; and (5) unfair competition under California common law. Before the Court is Defendant’s 22 motion to dismiss Plaintiff’s Complaint. ECF No. 9. Having considered the parties’ submissions, 23 the relevant law, and the record in this case, the Court GRANTS Defendant’s motion to dismiss 24

1 On April 12, 2021, the Court granted the parties’ stipulation to substitute Cole-Parmer Instrument Company LLC in place of…