Outlaw Laboratory, LP v. DG in PB, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 3:18-cv-840-GPC-BGS
IN RE OUTLAW LABORATORY, LP
consolidated with 3:18-cv-1882-GPC- LITIGATION
BGS
ORDER GRANTING MOTION FOR
SUMMARY JUDGMENT.
ECF NO. 90.
16 Defendants Eashou, Inc. (dba San Diego Cash & Carry), Fountain Trading Corp., Kachi Enterprises Inc., Main Calif, Inc., R&M Palm, Inc., and Zaya Enterprises Inc. (“Defendants”) – five independent convenience and liquor stores in the San Diego area as well as one local wholesaler – move the Court for summary judgment on Plaintiff Outlaw Laboratory, LP’s (“Plaintiff”) claim of false advertising under the Lanham Act, 15 U.S.C. § 1051 et seq. Plaintiff has alleged that Defendants are engaged in a scheme to sell sexual enhancement pills, which contain hidden prescription drugs, and which Defendants market as “all natural,” among other false advertisements. Defendants reject this claim on the reasoning that the undisputed facts do not show they have contributed to any false advertising, and thus…