Residential Energy Services Network, Inc. v. Building Science Institute, Ltd. Co.

Good Law
United States District Court, Southern District of CaliforniaSeptember 8, 20233:22-cv-01641California827 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RESIDENTIAL ENERGY SERVICES Case No.: 22-cv-1641-AGS-MSB

NETWORK, INC.,

ORDER GRANTING MOTION TO Plaintiff,

AMEND COMPLAINT (ECF 30) AND

5 v. DENYING MOTION TO DISMISS (ECF 19)

BUILDING SCIENCE INSTITUTE,

LTD. CO., et al., Defendants.

The main issue here is whether plaintiff should be allowed to amend the complaint a second time. BACKGROUND Plaintiff Residential Energy Services Network, Inc. (RESNET), sued defendants for trademark violations and various unfair business practices. (See generally ECF 13.) Early in the case, RESNET filed an amended complaint (see id.), and defendant Building Science Institute, Ltd. Co. (BSI), timely moved to dismiss it (ECF 19). At a later preliminary- injunction hearing, the Court “tentatively” ruled that on the then-current record, RESNET was “missing a key element . . . regarding the [state-law] business interference claims.” (ECF 29,…

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