California Organic Fertilizers, Inc. v. True Organic Products, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 CALIFORNIA ORGANIC CASE NO. 1:19-CV-0296 AWI EG

FERTILIZERS, INC.,

8 Plaintiff ORDER ON RULE 12(c) AND RULE 56(a) CROSS MOTIONS FOR v. JUDGMENT 10 TRUE ORGANIC PRODUCTS, INC., (Doc. Nos. 11, 15) 11 Defendant 12 13 This is a business and false advertising dispute between Plaintiff California Organic Fertilizers, Inc. (“COFI”) and True Organic Products, Inc. (“TOPI”) involving claims of violations of the Lanham Act and the California Business and Professions Code. Currently before the Court are each parties’ Rule 12(c) and Rule 56(a) cross motions for judgment regarding COFI’s claims based TOPI’s products that contain uncomposted chicken manure. For the reasons that follow, TOPI’s motion will be granted and COFI’s motion will be denied. 20 LEGAL FRAMEWORK Rule 12(c) – Judgment on the Pleadings Under Federal Rule of Civil Procedure 12(c), “[a]fter the pleadings are closed but within such time as not to…