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I. BACKGROUND

25 A. Factual History

Plaintiff Blue Bottle Coffee, LLC is a coffee business founded in 2002 in Oakland, coffee, cold brew coffee, pour-over coffee makers, filters, coffee pour-over drippers, 1 coffee grinders, carafes, and glasses, and subscription-based coffee services” online, through retail stores, and in cafés. Id. ¶¶ 15, 17. 4 Plaintiff holds multiple registered trademarks, including two marks that consist 5 solely of a shade of blue, Pantone 2995 C, as used for specific classes of services: class 43 6 (“Cafe, coffee shop, coffee bar, coffee house, and snack-bar services; coffee supply services for offices in the nature of provision of beverages; restaurant services”) for Reg. 9 No. 6,244,868, and class 30 (“Coffee; coffee based beverages; ground and whole bean 10 coffee; prepared coffee and coffee-based beverages; prepared espresso and espresso-based 11 beverages; cocoa; cocoa based beverages”) for Reg. No. 6,224,867 (collectively, the “BLUE BOTTLE BLUE Marks”). See FAC Ex. 6. Plaintiff also holds registered word 14 and design trademarks (the “BLUE BOTTLE Marks”), see FAC Ex. 5, and claims trade 15 dress in its…