BD Performing Arts v. B.A.C. Musical Instruments, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BD PERFORMING ARTS, Case No. 22-cv-02050-JSW
Plaintiff,
ORDER GRANTING MOTION FOR
v. LEAVE TO AMEND AND TAKING
MOTION TO DISMISS UNDER
B.A.C. MUSICAL INSTRUMENTS, LLC, SUBMISSION et al., Re: Dkt. Nos. 44, 47 11 Defendants.
12 This matter comes before the Court upon consideration of the motion for leave to amend filed by Plaintiff BD Performing Arts (“Plaintiff”), and the motion to dismiss filed by Defendants B.A.C. Musical Instruments, LLC (“B.A.C.”) and RMI, LLC (“RMI”) (collectively “Defendants”). The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it concludes the motions are suitable for disposition without oral argument. The Court VACATES the hearing scheduled for June 24, 2022. BACKGROUND AND ANALYSIS Plaintiff filed its initial complaint on March 30, 2022 alleging Defendants violated the Lanham Act, the Tariff Act, and California’s Unfair Competition…