The Cookie Department, Inc. v. The Hershey Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THE COOKIE DEPARTMENT, INC., Case No. 20-cv-09324-KAW

Plaintiff, ORDER REGARDING DEFENDANT'S v. MOTION FOR RECONSIDERATION

OR TO RENEW PARTIAL SUMMARY

THE HERSHEY COMPANY, et al., JUDGMENT MOTION Defendants. Re: Dkt. No. 137

12 On September 29, 2022, Defendants filed an administrative motion for reconsideration of the Court’s summary judgment order or, in the alternative, leave to renew their motion for summary judgment or file a second motion for summary judgment. (Dkt. No. 137.) On October 2, 2022, Plaintiff filed an opposition. (Dkt. No. 143.) The Court finds that leave to file a second motion for summary judgment on the narrow issue of the invalidity of Plaintiff’s trademark application is warranted. While Plaintiff argues that a second motion for summary judgment is not warranted because there is no expanded factual record, an expanded factual record is not the only grounds for a second motion for summary…