Eko Brands v. Adrian Rivera Maynez Enterprises Inc et al

Filing 24

MINUTE ORDER denying defendants' 14 Motion to Dismiss Plaintiff's Complaint, authorized by Judge Thomas S. Zilly. (SWT)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 EKO BRANDS, LLC, Plaintiff, 8 9 10 C17-894 TSZ v. ADRIAN RIVERA MAYNEZ ENTERPRISES INC. et al., 11 MINUTE ORDER Defendants. 12 The following Minute Order is made by direction of the Court, the Honorable 13 Thomas S. Zilly, United States District Judge: (1) Defendants’ Motion to Dismiss Plaintiff’s Complaint, docket no. 14, is DENIED. Plaintiff’s claims in this action for trademark infringement, Lanham Act and 15 Consumer Protection Act violations do not arise from the same transaction or occurrence as the patent infringement claims in Eko Brand v. ARM, et al., Cause No. 15-522RSL 16 (“Prior Litigation”). As a result, plaintiff’s claims were not compulsory counterclaims in the Prior Litigation under Fed. R. Civ. P. 13(a). The Court also concludes that plaintiff’s 17 complaint alleges sufficient facts to state a claim for relief that is plausible on its face under Ashcroft v. Iqbal, 556 U.S. 662 (2009). 14 18 19 20 (2) record. The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 6th day of October, 2017. William M. McCool Clerk 21 22 s/Karen Dews Deputy Clerk 23 MINUTE ORDER - 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?