OPINION & ORDER Plaintiff Halo Lifestyle LLC (“Halo Lifestyle”), a New York limited liability company, brings this action, seeking a declaratory judgment, pursuant to 28 U.S.C. §§2201(a) and 2202, that (1) its HALO SPORT Mark does not infringe or violate defendant’s HALO FARM Marks and (2) it may continue to market and sell its products using the HALO SPORT Mark. In addition, Halo Lifestyle seeks an order “enjoining Defendant, its officers, owners, partners, employees, agents, parents, subsidiaries, attorneys, and anyone acting in concert or participation with any of them, from pursuing any claims against Plaintiff for infringement or violation of Defendant’s HALO FARM Marks.” Dkt. 18 (“AC”) at 13. Defendant Halo Farm, Inc. (“Halo Farm”), a New Jersey corporation, moves to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). In the alternative, Halo Farm moves to strike Halo Lifestyle’s request for injunctive relief as overly broad pursuant to Rule 12(f).For the reasons that follow, the Court grants the motion to dismiss.I. BackgroundA. Facts11. The PartiesHalo Lifestyle is a lifestyle and fitness company that manufactures sports drinks. AC 6. Halo Lifestyle launched its HALO SPORT drink, which Halo Lifestyle markets as a healthy alternative to competitors’ sports drinks. Id. 8. Halo Lifestyle touts various allegedly healthful features of Halo Sport, including that it is, inter alia, certified organic, vegan, kosher, low-calorie, non-GMO, and has no artificial flavors, preservatives, or synthetic coloring. Id. 9.Halo Farm operates three facilities in New Jersey, including a retail store and dairy in Lawrenceville, a shop in Princeton, and another in Hamilton Square. Id. 16. These locations sell dairy products, ice cream, pastries, dessert-related food items, and third-party branded coffee. Id. Halo Farm also sells its own brand of milk, juices, iced tea, lemonade, and ice cream. Id. 18. Halo Farm owns trademarks for Halo Farm and Halo Farm & Design (“HALO FARM Marks”) for juices, ice cream, ice tea, milk, and related goods and services. Id. 21.2. Halo Lifestyle’s Patent ApplicationsHalo Lifestyle has filed with the United States Patent and Trademark Office (the “USPTO”) various trademark applications on an “intent to use” basis for its HALO SPORT mark and other planned variations of the term “HALO.” Id. 14. Halo Lifestyle owns various trademark applications, including: HALO SPORT; YOU’RE YOUR HALO; GET HALO; GO HALO; HALO KIDS; HALO LIFE; HALO PRO; LIVE HALO; MY HALO; ONE HALO; OWN YOUR HALO; SWEAT.HALO.REPEAT.; THE HALO EFFECT; and WORK.HALO.REPEAT. (collectively, the “HALO LIFESTYLE Marks”). Id.Halo Farm has filed 11 Notices of Opposition to Halo Lifestyle’s trademark applications before the Trademark Trial and Appeal Board (“TTAB”) of the USPTO. Id. 22; Dkt. 25 (“Pl. Mem.”) at 13. In objecting to the registration of the Lifestyle Marks, Halo Farm claimed that the HALO LIFESTYLE Marks constitute an infringement on the HALO FARM Marks. Id. 23.3. Halo Lifestyle’s SalesOn October 15, 2018, Halo Lifestyle officially began selling the HALO SPORT beverage online. It has made sales in Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Texas, and Virginia. Id. 12. Halo Lifestyle also sells its beverage, through distributors, to select fitness centers and retailers. Id. The HALO SPORT beverage is available at retail stores in the New York City and Miami metropolitan areas. Id.B. The Instant Action1. OverviewIn this action, Halo Lifestyle seeks a declaratory judgment that its HALO SPORT mark does not infringe on Halo Farm’s marks and that Halo Lifestyle may continue to sell its product under the HALO SPORT mark. Id.
