Sinco Technologies Pte Ltd. v. Sinco Electronics (Dongguan) Co. Ltd.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SINCO TECHNOLOGIES PTE LTD., Case No. 17-cv-05517-EMC

Plaintiff,

ORDER DIRECTING PARTIES TO

v. MEET AND CONFER RE JURY

INSTRUCTIONS

SINCO ELECTRONICS (DONGGUAN) CO. LTD., et al., 11 Defendants. 12 13 Taking into account the discussions at the Final Pretrial Conference, which helped put a focus on the critical issues in this case for trial, the Court hereby orders the parties to meet and confer to discuss whether the jury instructions should be modified or refined on the following matters. Trademark v. trade name. Given the underlying facts, this case seems to be more of a trade name infringement case (i.e., false designation of original) rather than a trademark infringement case. Indeed, SinCo has repeatedly framed this case as XingKe passing itself off as SinCo. As Defendants have conceded SinCo’s ownership of the trademarks at issue and their validity, the fact of registration (which gives rise to a presumption of ownership and validity) is…