La Terra Fina USA, LLC v. Resers Fine Foods, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LA TERRA FINA USA, LLC, Case No. 3:23-cv-02631-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. FIRST AMENDED COMPLAINT

RESER’S FINE FOODS, INC., Re: Dkt. No. 23 Defendant.

12 La Terra Fina USA, LLC, brings trade dress infringement and unfair competition claims against Reser’s Fine Foods, Inc. Defendant’s motion to dismiss for failure to state a claim is now pending before the Court. (Dkt. No. 23.1) Having considered the parties’ briefs and having had the benefit of oral argument on November 30, 2023, the Court GRANTS Defendant’s motion to dismiss with leave to amend. Plaintiff has confusingly alleged its trade dress claims. BACKGROUND A. First Amended Complaint Allegations Plaintiff sells and manufactures specialty foods, including dips, spreads, and quiches. (Dkt. No. 18, First Amended Complaint (FAC) at ¶ 8.) Plaintiff sells its products in a variety of different types of stores…