Platypus Wear, Inc. v. Bad Boy Europe LTD.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PLATYPUS WEAR, INC., Case No. 16-cv-02751-BAS-MSB
Plaintiff,
ORDER GRANTING IN PART
v. PLAINTIFF’S MOTION FOR
PARTIAL SUMMARY JUDGMENT
BAD BOY EUROPE LTD, et al.
Defendants. [ECF No. 60] 16 17 In 2016, Plaintiff Platypus Wear, Inc. filed suit against Defendants Bad Boy Europe LTD, Deep Blue Sports LTD, John Paul Gardner, and Deep Blue Sportswear LTD. (“Compl.,” ECF No. 1.) Plaintiff brings causes of action for declaratory relief, breach of contract, fraud and deceit, relief based on rescission, fraudulent transfer, unjust enrichment, and trademark infringement. After many years of litigation, this case has reached the summary judgment stage, and Plaintiff moves for partial summary judgment against Defendant Gardner. (“MSJ,” ECF No. 60.) Plaintiff seeks a declaratory judgment that 25 26 1 Defendant Deep Blue Sportswear LTD has been…