Aegis Software, Inc. v. 22nd District Agricultural Ass'n
Opinion
Lead Opinion
Moskowitz, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS [ECF NO. 28] .
On September 19, 2016, Plaintiff Aegis Software, Inc., filed a First Amended *1007 Complaint (“FAC” or. “Complaint”) against Defendant 22nd District Agricultural Association. (ECF No. 27.) On October 3, 2016, Defendant filed a motion to dismiss. (ECF No. 28.) For the reasons discussed below, Defendant’s motion to dismiss is granted in part and denied in. part.
I. FACTUAL BACKGROUND
Plaintiff Aegis Software hosts the “San Diego Spirits Festival” (“SDSF”), an annual specialty cocktail and spirits festival held in San Diego. (Compl. ¶¶ 8-10.) Plaintiff held its inaugural festival on Juné 5-7, 2009. (Compl. ¶ 13.) Given the event’s success, Plaintiff decided to host the event on an annual basis and registered the fictitious business name “San Diego Spirits Festival” with the San Diego County Clerk. (Compl. ¶¶ 14-15.) In 2014, Plaintiff held its 6th annual SDSF which attracted “approximately 3800 attendees (a 35% increase from the prior year) and 80 ‘Spirit Brands’ (a 23% increase from the prior year).” (Compl. ¶ 27.) Plaintiff alleges, that ninety-five percent of the festival participants are…