Tundra, Inc. v. Faire Wholesale, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TUNDRA, INC., Case No. 23-cv-02513-AMO

Plaintiff,

ORDER GRANTING

v. MOTION TO DISMISS

FAIRE WHOLESALE, INC., Re: Dkt. No. 96 Defendant.

12 Defendant Faire Wholesale, Inc.’s Motion to Dismiss the First Amended Complaint (“FAC”) was heard before this Court on November 13, 2024. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal authority, the Court hereby GRANTS Defendant’s Motion for the following reasons. I. BACKGROUND Defendant Faire Wholesale, Inc. (“Faire”; formerly known as “Indigo Fair”) hosts an online wholesale marketplace that connects Retailers with Brands. FAC (ECF 73) ¶ 25. Plaintiff Tundra, Inc., is another online wholesale marketplace and a competitor to Faire. FAC ¶ 25. Tundra purports that it developed an innovative business model that provides essentially the same service as Faire but…