The Cookie Department, Inc. v. The Hershey Company

Good Law
United States District Court, Northern District of CaliforniaOctober 25, 20224:20-cv-09324California5,422 words

Opinion

Trial Court Opinion

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

Plaintiff, PRETRIAL CONFERENCE

TENTATIVE RULINGS

v.

THE HERSHEY COMPANY, et al., Defendants.

12 I. MOTION TO STRIKE Defendants move to strike Plaintiff’s demand for a jury trial on the ground that Plaintiff’s remaining damages theories sound in equity. (Defs.’ Mot. to Strike, Dkt. No. 115.) The Court is inclined to DENY the motion because Plaintiff’s claim for compensatory damages for corrective advertising is a legal remedy that warrants a jury trial. See Adray v. Adry-Mart, 76 F.3d 984, 988 (9th Cir. 1995) (“An award of the cost of corrective advertising, like compensatory damage awards in general, is intended to make the plaintiff whole. It does so by allowing the plaintiff to recover the cost of advertising undertaken to restore the value plaintiff’s trademark has lost due to defendant’s infringement.”). An award for damages is distinct from an injunction…

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