FitTrack, Inc. v. Hyperzoo Technology Ltd.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA FITTRACK, INC., Case No.: 23-cv-0838-AGS-BGS Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR A TEMPORARY

v.

RESTRAINING ORDER,

HYPERZOO TECHNOLOGY LTD., ALTERNATIVE SERVICE, AND et al., EARLY DISCOVERY (ECF 6)

Defendants. 9 In this Lanham Act trademark-infringement case, plaintiff seeks a temporary restraining order, expedited discovery, and permission to serve defendants by email. Each request is denied. BACKROUND Plaintiff FitTrack, Inc., sued two foreign companies for counterfeiting one of its products, alleging trademark infringement, unfair competition, and false advertising. The product is the “FitTrack Dara Smart BMI Digital Scale,” a weight scale bearing FitTrack’s registered trademark. (ECF 1, at 4–5.) According to the complaint, the defendants—British company Hyperzoo Technology, Ltd., and China-based ShenZhen DingKa Technology Co., Ltd.—“source”…