Facts

Crossfit Inc. sued Jenni Alvies for alleged trademark infringement.

PLAINTIFF'S CONTENTIONS:
CrossFit developed a fitness-training regimen focused on developing strength and conditioning. It owned several trademarks and service marks over the term CrossFit, and used that term in connection with its products.

In April 2011, Alvies created a Facebook group called "CrossFit Mamas." The site advertised clothing and apparel that bore the name "CrossFit Mamas," which infringed on the CrossFit trademark. Alvies also used the marks to market nutritional supplements and vitamins.

When CrossFit contacted Alvies regarding her infringement, she offered to begin using the term "CF Mamas" instead. CrossFit rejected her offer, finding that the new term was still confusingly similar to the CrossFit marks. Regardless, Alvies began using the new "CF" term, and continued to market products with it. Later, she again changed the term, this time to "CaliFit Mamas," and then later to "HIIT Mamas."

CrossFit asserted causes of action for trademark infringement, false designation of origin, trademark dilution, and cyberpiracy.

DEFENDANT'S CONTENTIONS:
Alvies filed a counterclaim, asserting causes of action for declaratory judgment, violation of the Unfair Competition Law, and false advertising.

CrossFit later moved to dismiss Alvies' counterclaims.

Result

The court partially granted CrossFit's motion to dismiss, and dismissed Alvies's Unfair Competition Law and false advertising law claims. However, it allowed her declaratory judgment claim to continue.