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

Background 22 On May 16, 2018, Plaintiff San Diego County Credit Union (“SDCCU”) filed a 23 complaint against Defendant Citizens Equity First Credit Union (“CEFCU”) alleging 24 eight causes of action: 1) declaratory judgment of non-infringement of federally 25 registered trademark for “CEFCU. NOT A BANK. BETTER.”; 2) declaratory judgment 26 of non-infringement of common law mark “NOT A BANK. BETTER.”; 3) declaratory 27 judgment for invalidity of federally registered trademark for “CEFCU. NOT A BANK. 28 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.) Defendant filed a counterclaim for cancellation of SDCCU’s registered trademark. (Dkt. Nos. 56, 74.) The case was vigorously litigated. There were three motions to dismiss, a motion for judgment on the pleadings, cross motions for summary judgment, as well as Daubert motions and…