Vitalyte Sports Nutrition Inc. v. Revitalyte LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Vitalyte Sports Nutrition Inc., Case No.: 21cv880-JO-BGS

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO PRECLUDE;

DENYING DEFENDANT’S MOTION

Revitalyte LLC et al,

FOR SUMMARY JUDGMENT; AND

Defendants. GRANTING MOTIONS TO SEAL 16 17 18 19 20 Plaintiff Vitalyte Sports Nutrition Inc. (“Plaintiff”) filed a trademark infringement action against Defendants Revitalyte LLC and Does 1-100 (collectively, “Defendant”). In response, Defendants filed three counterclaims and asserted affirmative defenses of laches and acquiescence. Plaintiff filed a Daubert motion to preclude expert opinion and testimony from Defendant’s damages expert, Andrew J. Lagoo [Dkt. 33]. Defendant filed a motion for summary judgment on its laches and acquiescence defenses, and on Counts 1 and 3 of its counterclaims [Dkt. 37]. 28 The Court held oral argument on the motions on January 18, 2023. For the reasons stated on the…