La Terra Fina USA, LLC v. Resers Fine Foods, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 LA TERRA FINA USA, LLC, Case No. 3:23-cv-02631-JSC
Plaintiff,
ORDER RE: LA TERRA FINA’S
v. MOTION TO DISMISS RESER’S
COUNTERCLAIMS
RESER'S FINE FOODS, INC., Re: Dkt. No. 56 Defendant.
13 La Terra Fina USA, LLC and Reser’s Fine Foods, Inc., are competitors who manufacture and sell specialty foods, including dips, spreads, and quiches, in the same retail channels. La Terra Fina filed this action bringing trade dress infringement and unfair competition claims. (Dkt. No. 37.1) Reser responded with its own counterclaims for trade dress infringement and unfair competition. (Dkt. No. 55.) La Terra Fina moves to dismiss Reser’s third counterclaim for cancellation of trademark registration based on fraudulent procurement, 15 U.S.C. §§ 1064, 1119, and fourth counterclaim for false registration, 15 U.S.C. § 1120. (Dkt. No. 56.) After carefully considering the parties’ briefs and the relevant legal authority, the Court concludes oral argument…