Innovation Ventures, LLC v. NVE, Inc.

ORDER RESOLVING MOTIONS IN LIMINE

TERRENCE G. BERG, District Judge.

This is a trademark infringement case, brought by Plaintiff Innovations Ventures, LLC d/b/a Living Essentials (“Plaintiff’) against Defendant NVE, Inc. (“Defendant”). Plaintiff makes and distributes a 2-ounce energy shot called “5-Hour ENERGY,” and asserts that Defendant’s competing energy shot — called “Stacker 2® 6-Hour POWER” — infringes its common law trademark rights. In a counterclaim, Defendant asserts that Plaintiff violated the Lanham Act by issuing false advertising against Plaintiff. Defendant’s counterclaim is that,…