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

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 LA TERRA FINA USA, LLC, Case No. 3:23-cv-02631-JSC

7 Plaintiff,

ORDER RE: MOTION TO DISMISS

8 v. SECOND AMENDED COMPLAINT

9 RESER’S FINE FOODS, INC., Re: Dkt. No. 39 Defendant. 10

11 La Terra Fina USA, LLC, brings trade dress infringement and unfair competition claims 12 against Reser’s Fine Foods, Inc. The parties are competitors who manufacture and sell specialty 13 foods, including dips, spreads, and quiches, in the same retail channels. The Court previously 14 granted Defendant’s motion to dismiss for failure to state a claim with leave to amend. Plaintiff 15 thereafter filed the now operative Second Amended Complaint (SAC), which Defendant has again 16 moved to dismiss on nearly identical grounds. (Dkt. Nos. 37, 39.1) Having considered the parties’ 17 briefs and having had the benefit of oral argument on February 29, 2024, the Court GRANTS IN 18 PART and DENIES IN PART Defendant’s motion to dismiss. Plaintiff has adequately pled 19 claims for infringement of its artichoke and jalapeno…