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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EKO BRANDS, LLC,
Plaintiff,

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C17-894 TSZ

v.
ADRIAN RIVERA MAYNEZ
ENTERPRISES INC. et al.,

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MINUTE ORDER

Defendants.

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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).
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(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

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 1