Wag Hotels, Inc. v. Wag Labs, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 WAG HOTELS, INC., Case No. 20-cv-01326-BLF

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR PARTIAL SUMMARY

JUDGMENT; GRANTING

WAG LABS, INC., DEFENDANT’S MOTION FOR

PARTIAL SUMMARY JUDGMENT

Defendant. [Re: ECF Nos. 61, 63]

13 This is an action for breach of contract, trademark infringement, and unfair competition 14 arising from Wag Labs’s alleged breach of a settlement agreement resolving prior trademark 15 litigation between the parties—Wag Hotels, Inc. v. Wag Labs, Inc., No. 2:15-cv-04408 (C.D. Cal.) 16 (the “Prior Action”). 17 Each party moves for partial summary judgment, raising separate issues. Plaintiff Wag 18 Hotels moves for partial summary judgment that (1) Defendant Wag Labs breached the parties’ 19 settlement agreement; (2) Wag Labs breached the implied covenant of good faith and fair dealing; 20 (3) Wag Labs’s trademark is cancelled; and (4) issuance of a preliminary injunction requiring…