Lolicel (PTY) Ltd. v. Stanmar International [USA] Inc.

I. BACKGROUND

23 Plaintiff Lolicel (Pty) Ltd. (“Plaintiff”) is a South African company that sells sugar- 24 free gelatins and puddings under the Simply Delish brand. ECF No. 13, First Amended 25 Complaint (“FAC”) ¶¶ 2, 4. The first Simply Delish logo and packaging was designed and 26 launched in August 2008. Id. ¶ 19. Although Simply Delish’s packaging varied between 27 different flavors and dessert products, Plaintiff’s trade dress was comprised of: “(a) the 28 Simply Delish logo; (b) an image of the dessert colored to reflect the flavor of that particular product; and (c) an image of the product used to flavor the dessert (i.e. raspberries, strawberries, chocolate).” Id. Defendant Stanmar International [USA] Inc. is a Delaware corporation whose principal place of business is in California. Id. ¶ 5. Defendant Martin Pamensky is allegedly the CEO and President of Stanmar, and a California resident. Id. ¶ 6. In 2010, Plaintiff and Stanmar formed a joint venture for the sale of a new line of Simply Delish “Natural” products in the United States. Id. ¶¶ 2, 23. The new Simply Delish Natural product line used the same…