Profade Apparel LLC v. Road Runner Sports, Inc.

INTRODUCTION

16 Pending before the Court is Defendants Road Runner Sports, Inc. (“RRS”) and Road 17 Runner Sports Retail, Inc. (“RRSR”) (collectively “Defendants”) motion to dismiss 18 Plaintiff Profade Apparel, LLC’s (“Plaintiff”) trade secret misappropriation, trade dress, 19 and conversion claims. See Doc. No. 5. Plaintiff filed a response to Defendants’ motion 20 and Defendants filed a reply. See Doc. Nos. 6, 7. Having carefully considered the pleadings 21 in this action, and for the reasons set forth below, the Court hereby GRANTS Defendants’ 22 motion to dismiss.

BACKGROUND

24 In or around June 2015, Defendants requested Plaintiff design and develop a “new 25 and proprietary sock” to replace a sock that Defendants carried for years. 1 Doc. No. 1 at 3. 26 27 1 On at least two occasions prior to the June 2015 request, Defendants had asked Plaintiff “to establish 28 From approximately June 2015 to March 2017, Defendants’ employees represented that Plaintiff would be compensated for the design, development, production, and supply of the “new and proprietary sock” through the number of bulk orders Defendants would place for the “Trigonomic Arch Support…