American Ice Machine Company v. Modern Ice Equipment Company, Inc.

Background 26 The following background is taken from the allegations in Plaintiff’s first amended 27 complaint. Modern Ice is an Ohio corporation that sells and distributes ice-bagging 28 machines to its customers. (FAC ¶ 1, 8.) Defendant Nvenia, LLC (“Nvenia”) is a Delaware corporation that manufactures certain models of ice-bagging machines that Modern Ice distributes. (Id. ¶ 1, 7.) Plaintiff is a California corporation that is in the business of packaged-ice retail sales and distribution. (Id. ¶ 6.) In December 2022, Plaintiff’s founder and principal, Mr. Hani Toma, viewed information concerning a Hamer 540E ice-bagging machine on Nvenia’s website. (Id. ¶¶ 11–12.) Shortly thereafter, Mr. Toma contacted Modern Ice and spoke with two of Modern Ice’s employees about purchasing a Hamer 540E. (Id. ¶ 15.) Mr. Toma told Modern Ice’s employees that he wished to purchase a Hamer 540E to use in Plaintiff’s production facility beginning in March of 2024. (Id.) During this discussion, Modern Ice’s employees represented to Mr. Toma that (1) the manufacturer’s warranty on the Hamer 540E would be for one…