On Thursday, May 21, 2020, the Southern District Court of California dismissed all claims brought by Hylete, Inc. against WHIPgroup clients Rob Orlando and Hybrid Athletics because, according to the Court, all Hylete’s claims were time-barred. Hylete’s dismissed lawsuit was brought in response to Hybrid Athletics’ pending lawsuit against Hylete and its founders for willful trademark infringement and unfair competition. In addition to a motion to dismiss, Hybrid Athletics and Orlando brought a motion to strike Hylete’s complaint for being nothing more than an impermissible Strategic Lawsuit Against Public Participation (SLAPP Lawsuit). Hybrid Athletics and Orlando argued that Hylete brought its now-dismissed claims to suppress Hybrid Athletics’ rightful utilization of the court system to resolve its lawsuit against Hylete. The Court determined there was no need to rule on Hybrid Athletics’ and Orlando’s anti-SLAPP motion to strike because the case could be dismissed on other grounds. The Court dismissed Hylete’s claims without prejudice and provided Hylete 30 days to seek leave to amend its complaint, at which time Hybrid Athletics and Orlando may re-assert their anti-SLAPP arguments in support of dismissal with prejudice.
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