The Upper Deck Company v. Panini America, Inc.

Background 22 On January 29, 2020, Plaintiff Upper Deck Company (“Plaintiff” or “Upper 23 Deck”) filed a complaint against Defendant Panini America, Inc. (“Defendant” or 24 “Panini”) alleging eight claims under the Lanham Act and related state law causes of 25 action. (Dkt. No. 1, Compl.) The eight causes of action are: 1) false endorsement and 26 false advertising under the Lanham Act, 15 U.S.C. § 1125(a); 2) trademark dilution under 27 the Lanham Act, 15 U.S.C. § 1125(c); 3) trademark infringement under 15 U.S.C. § 28 1114; 4) intentional interference with prospective economic relationship; 5) intentional interference with contractual relationship; 6) commercial misappropriation; 7) right of publicity under California Civil Code section 3344 et seq.; and 8) unfair competition pursuant to California Business & Professions Codes Code sections 17200 et seq. (“UCL”). (Id.) Upper Deck is a worldwide sports and entertainment company that produces sports memorabilia products, trading card products, as well as many other sports and entertainment products. (Id. ¶ 2.) For decades, Upper Deck has been and continues to have an exclusive license with…