The Clorox Company et al v. Mavea LLC

Filing 37

ORDER by Judge Yvonne Gonzalez Rogers denying 10 11 Motion to Dismiss (fs, COURT STAFF) (Filed on 11/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE CLOROX COMPANY, et al.,

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United States District Court
Northern District of California

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Plaintiffs,

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Case No.: 13-CV-1933 YGR
ORDER DENYING MOTION TO DISMISS

v.
MAVEA LLC,
Defendant.

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For the reasons stated on the record at the hearing held November 5, 2013, the Motion to

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Dismiss of Defendant Mavea LLC is DENIED. The Motion raises factual issues not amenable to

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resolution on a Rule 12(b)(6) motion, and the cases cited in support of the Motion are

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distinguishable in that they involve either a defendant's use of a plaintiff's mark to criticize

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plaintiff's product, a defendant's express disavowal of association with plaintiff, or both.

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Defendant shall answer the Complaint no later than November 22, 2013.

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This Order terminates Docket No. 11.

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IT IS SO ORDERED.

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Date: November 5, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE