Medical Extrusion Technologies, Inc. v. Apollo Medical Extrusion Technologies, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MEDICAL EXTRUSION Case No.: 17-cv-2150-AJB (MSB)

TECHNOLOGIES, INC.,

12 Plaintiff, ORDER: 13 v. (1) SUA SPONTE AMENDING AND

APOLLO MEDICAL EXTRUSION VACATING APRIL 20, 2020 ORDER,

TECHNOLOGIES, INC., (Doc. No. 38); AND Defendant. 16 (2) DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, (Doc. No. 46) 18 This case involves the review of the Trademark Trial and Appeal Board’s (“TTAB”) determination that Plaintiff Medical Extrusion Technologies, Inc.’s (“Plaintiff”) trademark is descriptive of its goods, not distinctive, and therefore non-registrable on the Principal Trademark Register. Presently pending before the Court is Plaintiff’s motion for partial summary judgment. (Doc. No. 46.) Defendant Apollo Medical Extrusion Technologies, Inc. (“Defendant”) opposed the motion. (Doc. No. 48.) Plaintiff also filed a reply in support of its motion. (Doc. No. 49.) For the reasons set forth below, the Court (1) sua sponte AMENDS…