Aureflam Corp. v. Pho Hoa Phat I, Inc.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS

SEEBORG, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Aureflam Corporation (“Auref-lam”) moves to dismiss counterclaims filed by Defendants Pho Hoa Phat I, Inc., Pho Hoa Phat I, Inc., and Johnny Lee (“PHP”) for failure to state a sufficient claim under Fed. R. Civ. Pro. 12(b)(6) and 9(b), or, in the alternative, for a more definite statement under Fed. R. Civ. Pro. 12(e). The motion is based on Aureflam’s contentions that (1) its service mark has attained incontestable status under 15 U.S.C. §…