Steeped, Inc. v. Nuzee, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEEPED, INC., Case No. 19-cv-03763-HSG

8 Plaintiff, ORDER DENYING DEFENDANT'S

MOTION TO DISMISS

9 v. Re: Dkt. No. 18 10 NUZEE, INC., 11 Defendant.

12 Plaintiff Steeped, Inc. (“Steeped Coffee” or “Plaintiff”) filed trademark infringement 13 claims against Defendant Nuzee, Inc. (“Nuzee” or “Defendant”) for its use of the STEEPED 14 COFFEE trademark. See Dkt. No. 1 (“Compl.”). Before the Court is Defendant’s motion to 15 dismiss for failure to state a claim, for which briefing is complete. See Dkt. No. 18 (“Mot.”), 26 16 (“Opp.”), and 30 (“Reply”). The Court DENIES Defendant’s motion. 17 I. BACKGROUND 18 Plaintiff is a Delaware Corporation headquartered in Scotts Valley, California, which 19 began with a crowdfunded Kickstarter campaign in 2015. Compl. ¶ 7. Steeped Coffee 20 “developed a unique and innovative single-serve coffee product that is small, light, pre-ground and 21 pre-portioned, yet can be stored for months with minimal loss of freshness.” …