Crossfit, Inc. v. Alvies
United States District Court for the Northern District of California
January 22, 2014, Decided; January 22, 2014, Filed
Case No. 13-3771 SC
[**2051] ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AMENDED COUNTERCLAIMS
Plaintiff CrossFit, Inc. ("CrossFit") brings this action against Defendant Jenni Alvies ("Alvies") for trademark infringement, among other things. ECF No. 1 ("Compl."). Alvies has counterclaimed for (1) declaratory judgment; (2) violation of California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof. Code. § 17200, et seq.; and (3) false advertising under the Lanham Act, 15 U.S.C. § 1125. ECF No. 16 (First Amended Counterclaims ("FACC")). CrossFit now moves to dismiss Alvies's counterclaims pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 24 ("MTD"). The motion is fully briefed, ECF Nos. 26 ("Opp'n"), 30 ("Reply"), and appropriate for determination without oral argument per Civil Local Rule 7-1(b). For the reasons set forth below, the motion is GRANTED in part and [*2] DENIED in part.
As it must on a Rule 12(b)(6) motion to dismiss, the Court treats all well-pleaded allegations in the FACC as true. CrossFit has developed a fitness training regimen and provides a nationally standardized certificate program to personal trainers who desire to become licensed CrossFit affiliates. Compl. ¶¶ 9, 11. CrossFit owns several registered United States trademarks and service marks comprised of the word mark CROSSFIT, including a service mark for use in connection with fitness training services. Compl. ¶ 10, FACC ¶ 23. CrossFit has also filed trademark applications with the United States Patent and Trademark Office ("PTO") for other uses of the CROSSFIT mark on an "intent-to-use" basis, meaning that CrossFit has yet to use the mark in commerce in connection with those uses. FACC ¶ 24. The applications relate to nutritional energy bars, computer software that tracks workouts, weight-loss equipment, magazines, books, and sports bags. Id. ¶¶ 25-28.
In April [*3] 2011, Alvies, a stay-at-home mother of four children, launched a blog at "crossfitmamas.blogspot.com." FACC ¶ 21. Around the same time, Alvies created a "CrossFit Mamas" Facebook page. Id. ¶ 48, Compl. ¶ 13. Alvies used the blog to post daily high-intensity interval training routines. Id. ¶¶ 20-21. Readers of the blog use the comments section to post and track their personal progress on certain exercises. Id. ¶ 21. In an effort to recoup some money for her efforts, Alvies sold vitamin meal-replacement shakes through the blog and added Google AdWords advertising. Id. ¶ 22.Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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2014 U.S. Dist. LEXIS 7930 *; 109 U.S.P.Q.2D (BNA) 2049 **; 2014 WL 251760
CROSSFIT, INC., Plaintiff, v. JENNI ALVIES, and DOES 1-10, Defendants. AND RELATED COUNTERCLAIMS
blog, counterclaim, trademark, Lanham Act, notice, advertising, allegations, takedown, paralegal, motion to dismiss, representations, infringement, workouts, shakes, false advertising, declaratory, vitamin, promotion, training, targets, argues