Lopez v. Adidas America, Inc.

Background

The court held a scheduled telephone status conference and oral argument concerning defendant PUMA’s motion to dismiss. Lopez was sent notice by mail, PUMA’s counsel said she sent him two emails, and the court called him shortly after the conference began. The call went to voicemail, and the court ended the conference without argument.

PUMA asked the court to decide its motion on the written submissions and without oral argument. PUMA also asked the court to consider materials outside the Third Amended Complaint without converting the motion to dismiss into a motion for summary judgment.

Materials the Court Intended to Consider

The court stated that it could consider materials incorporated by reference into the complaint, materials integral to the complaint, and matters subject to judicial notice. The court identified materials concerning PUMA’s use of the independently registered Les Benjamins trademark and the phrase “PUMA x LES BENJAMINS,” Lopez’s trademark registrations, the meaning of “LES,” and Lopez’s prior intellectual-property lawsuits. The court also stated that it could consider photographs of Lopez’s and PUMA’s products appearing in the Third Amended Complaint.

For any other material outside the complaint raised in PUMA’s motion, the court said it would exclude that material when deciding the motion.

Order

Judge Lewis J. Liman ordered any party seeking oral argument, or disputing the court’s authority to consider the identified materials or disputing their authenticity or accuracy, to notify the court by May 4, 2020. If there was no objection, the court would decide the motion without argument while considering the identified materials under the stated rules. The court also allowed parties to mail physical examples of the allegedly infringed or infringing items to chambers by May 4, 2020, after conferring with the opposing party and notifying the court. The order did not grant or deny PUMA’s motion to dismiss.