Threshold Enterprises Ltd. v. Lifeforce Digital Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THRESHOLD ENTERPRISES LTD., Case No. 22-cv-06483-PCP

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS COUNTERCLAIM AND

STRIKE AFFIRMATIVE DEFENSES

LIFEFORCE DIGITAL INC., Re: Dkt. No. 59 Defendant.

12 BACKGROUND In this lawsuit, plaintiff Threshold Enterprises Ltd. alleges that defendant Lifeforce Digital Inc. is infringing Threshold’s LIFE FORCE trademark (registered in 2010) through the online marketing and sale of dietary and nutritional supplements that apply the mark. It its answer, Lifeforce asserts an affirmative defense (“Affirmative Defense 3”) and related counterclaim alleging that Threshold abandoned its trademark in 2009 through a consent agreement with third party Doctors Signature Sales & Marketing International Corp. d/b/a/ Lifeforce International (LFI). Lifeforce also asserts as an affirmative defense (“Affirmative Defense 2”) that Threshold engaged in fraud and has unclean hands. Lifeforce premises this…