Eisen

Eisen v. Day

Good Law
United States District Court, Northern District of CaliforniaJanuary 27, 20235:21-cv-05349California3,892 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 This litigation involves a dispute between the members of a band called “The Cosmo 25 Alleycats.” Plaintiffs filed the action on March 26, 2021 in San Francisco County Superior Court, 26 asserting claims against Ms. Day and unnamed Doe defendants for (1) breach of oral contract, (2) 27 breach of implied contract, (3) breach of fiduciary duty, (4) interference with contracts, (5) interference with prospective economic relations, (6) conversion, (7) unfair competition under California Business & Professions Code § 17200, (8) accounting, (9) defamation, and (10) injunctive relief/declaratory judgment. Dkt. No. 1, Ex. A. Plaintiffs describe the unnamed Doe defendants as the “agents, servants, employees, employers, principals, owners, co-owners, lessors, sublessors, predecessors, or successors of their codefendants.” Id. ¶ 14(c). On June 24, 2021, Ms. Day and Cosmo Alleycats, LLC (collectively, the “Day parties”) filed a counterclaim against Mr. Eisen for (1) copyright infringement under 17 U.S.C. § 106, (2) false designation of origin/false description under the Lanham Act, 15 U.S.C. § 1125(a), (3) infringement of…

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