Ronald Cohn, Inc. v. Sprouts Farmers Market, Inc.

INTRODUCTION

21 Pending before the Court is Defendant Sprouts Farmers Market, Inc. (“Sprouts” or 22 “Defendant”) motion to dismiss five of the six causes of action brought by Plaintiff 23 Ronald Cohn, Inc.’s (“Plaintiff”) in the First Amended Complaint (“FAC”). See generally 24 Doc. No. 41. Plaintiff filed an opposition to Defendants’ motion and Defendant filed a 25 reply. See Doc. Nos. 45, 46. Having carefully considered the pleadings in this action, and 26 for the reasons set forth below, the Court hereby GRANTS IN PART AND DENIES IN 27 PART Defendant’s motion to dismiss. 28 BACKGROUND In October 1990, Sprouts’ predecessor, Boney’s Services, Inc. (Boney’s), entered into a Trademark License Agreement with Plaintiff for the operation of a grocery store in Chula Vista, California. Doc. No. 40 at 2. Boney’s Services, Inc. and Plaintiff entered into a second Trademark License Agreement in September 1995 (collectively “TLAs”) allowing Plaintiff to open and operate a second grocery store in Chula Vista, California. Id. The TLA allows Plaintiff exclusive rights to use Sprouts’ tradename within the designated…