Grapery, Inc. v. Bloom Fresh International Limited

I. INTRODUCTION

On March 2, 2023, plaintiff Grapery, Inc. (“Grapery’’) filed this action against defendant International Fruit Genetics, LLC (“IFG”). Dkt. 1. Plaintiff asserts three claims for relief: (1) declaratory judgment—no violation of the Lanham Act; (2) declaratory judgment—no breach of contract; and (3) violation of California’s Unfair Competition Law (“UCL”), Business & Professions Code Section 17200. Id. On May 3, 2023, IFG filed an answer to the complaint and asserted four counterclaims: (1) breach of contract; (2) federal unfair competition; (3) federal dilution: and (4) false advertising/false designation of origin. Dkt. 22. On June 1, 2023, the parties filed a stipulation and motion to temporarily stay all proceedings, which the Court granted the next day. Dkts. 37, 38. On August 9, 2023, Grapery filed an answer to IFG’s counterclaims. Dkt. 41. On December 21, 2023, the parties filed a joint stipulation to substitute Bloom Fresh International Limited (“Bloom Fresh”) as defendant pursuant to Rule 25(c) and to update the case caption, which the Court granted that same day. Dkts. 42, 43. On May 7, 2024, Bloom Fresh filed a stipulation to grant it leave…