Spice Jazz LLC v. Youngevity International, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SPICE JAZZ LLC, Case No. 19-cv-0583-BAS-DEB

Plaintiff,

ORDER DENYING SPICE JAZZ’S

v. MOTION TO DISMISS

YOUNGEVITY’S AMENDED

YOUNGEVITY INTERNATIONAL,

COUNTERCLAIM

INC., et al., 15 Defendants. (ECF No. 85)

18 This action arises from a dispute between two multi-level marketing (“MLM”) companies selling culinary products. Plaintiff Spice Jazz sued Defendant Youngevity International, Inc. and others for misappropriating trade secrets and stealing Spice Jazz’s employees. In turn, Youngevity brought a counterclaim against Spice Jazz, alleging that Spice Jazz falsely advertised its products’ availability in violation of the Lanham Act, 15 U.S.C. §§ 1125 et seq. Spice Jazz moves to dismiss the counterclaim under Federal Rule of Civil Procedure 12(b)(6) and asks the Court to rule that Youngevity fails to state a false advertising claim under the Lanham Act. The Court finds Spice Jazz’s motion suitable for 27 …