Church & Dwight Co., Inc. v. Mayer Laboratories, Inc.

*884ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

EDWARD M. CHEN, District Judge.

Plaintiff/Counterdefendant Church & Dwight, Inc. (“C & D”), the maker of Trojan brand condoms, moves for summary judgment on Defendant/Counter-claimant Mayer Labs, Inc.’s (“Mayer’s”) counterclaims. Docket No. 187, 198 (redacted version). Mayer is the maker of Kimono brand condoms. The parties’ primary dispute surrounds C & D’s use of planogram1 agreements with condom retailers, whereby C & D offers a percentage rebate off its wholesale price in exchange for a retailer’s commitment…