Full title: PANDA PAWS RESCUE, et al., Plaintiffs, v. GARY WALTERS, Defendant.
Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
CASE NO. C20-5700JLR
Date published: Jan 4, 2021
Fact:
Before the court is Defendant Gary Walters’s amended motion to dismiss Plaintiffs Panda Paws Rescue (“Panda Paws”) and Amanda Giese’s first amended complaint. (Mot. (Dkt. # 14); see also Reply (Dkt. # 25).) Plaintiffs oppose Mr. Walters’s motion. (Resp. (Dkt. # 20).) Having considered the motion, the parties’ submissions regarding the motion, the relevant portions of the record, and the applicable // // law, the court GRANTS in part and DENIES in part Mr. Walters’s amended motion to dismiss.
Issue:
CONCLUSION:
For the foregoing reasons, the court GRANTS in part and DENIES in part Mr. Walters’s amended motion to dismiss (Dkt. # 14).
1. The court DENIES Mr. Walters’s motion to dismiss Panda Paws’s claim for a declaratory judgment that Mr. Walters granted it an irrevocable implied license to use the Logo, the YouTube channel, and the videos.
2. The court GRANTS Mr. Walters’s motion to dismiss Panda Paws’s claim for a declaratory judgment that it is entitled to use the Logo because Mr. Walters is estopped from asserting exclusive ownership of that Logo. This claim is DISMISSED with prejudice.
3. The court GRANTS Mr. Walters’s motion to dismiss Panda Paws’s claim for a declaratory judgment that it is entitled to use the Logo because Mr. Walters abandoned his copyright in the Logo. This claim is DISMISSED without prejudice and with leave to amend.
4. The court DENIES Mr. Walters’s motion to dismiss Panda Paws’s claim for breach of the Settlement Agreement.
5. The court DENIES Mr. Walters’s motion to dismiss Panda Paws’s claims for false advertising and false association in violation of Section 43(a) of the Lanham Act.
6. The court GRANTS Mr. Walters’s motion to dismiss Ms. Giese’s claim for violation of the Personality Rights Act. This claim is DISMISSED without prejudice and with leave to amend.
Panda Paws shall file a second amended complaint, if any, alleging facts that resolve the issues stated herein, by no later than 14 days from the filing date of this order.