San Diego County Credit Union v. Citizens Equity First Credit Union

Background 24 On May 16, 2018, Plaintiff San Diego County Credit Union (“SDCCU”) filed a 25 complaint against Defendant Citizens Equity First Credit Union (“CEFCU”) alleging 1) 26 declaratory judgment of non-infringement of federally registered trademark for “CEFCU. 27 NOT A BANK. BETTER.”; 2) declaratory judgment of non-infringement of common 28 law mark “NOT A BANK. BETTER.”; 3) declaratory judgment for invalidity of federally registered trademark for “CEFCU. NOT A BANK. BETTER.”; 4) declaratory judgment for invalidity of common law mark “NOT A BANK. BETTER.”; 5) false or fraudulent trademark registration under 15 U.S.C. § 1120; 6) unfair competition under 15 U.S.C. § 1125; 7) unfair competition under California Business and Professions Code sections 17200 et seq; and 8) unfair competition under California common law. (Dkt. No. 1. Compl.) On June 21, 2018, Defendant filed a motion for dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(2), which the Court denied on July 31, 2018. (Dkt. Nos. 29, 39.) On August 13, 2018, Defendant filed a second motion to dismiss for lack of subject matter…