This case was last updated from PACER on 09/27/2021 at 20:53:40 (UTC).

Nestle USA, Inc. v. Best Foods LLC

Case Summary

On March 26, 2021, Nestlé USA, Inc., (“Plaintiff”), represented by Dale J Giali of Mayer Brown LLP filed an intellectual property lawsuit against Best Foods LLC (“Best Foods” or “Defendant”), seeking injunctive relief, accounting and disgorgement and damages among other reliefs for unauthorized distribution and sale of Nestlé food and beverage products in the United States by the Defendant. This case was filed in U.S. District Court in the Central District of California with Judge Jean P. Rosenbluth and Judge Mark C. Scarsi presiding

 

Plaintiff has alleged that “Each of the NUSA Products is marketed under a brand name that is

subject to a trademark registered at the U.S. Patent and Trademark Office (“USPTO”). The owner of each trademark is SPN, which has entered into an agreement with NUSA granting NUSA an exclusive license to the rights associated with each trademark in the United States, including rights to enforce the trademark in the United States.”

 

Plaintiff in its complaint alleged that “Neither NUSA nor SPN have authorized Best Foods to distribute or sell Nestlé products in the United States. NUSA and SPN also have not authorized Best Foods to use the Nestlé Marks in the United States in any manner. Best Foods regularly markets grey market Nestlé products to customers in the United States through its website, where a number of Nestlé Mexico Products are available for purchase and shipment in the U.S. It is apparent from the product images on its website that Best Foods is advertising Nestlé Mexico Products, based on the Spanish language and metric weight on the front of the product labels. Best Foods advertises these products for sale using the Nestlé Marks, along with their accompanying images.”

 

Plaintiff further alleged that “Defendant’s acts of false designation of origin and unfair competition are likely to cause, and have caused, confusion, mistake, and deception as to the affiliation, connection, or association of Defendant with NUSA, and as to the origin, sponsorship, and/or approval of Defendant’s goods, in that purchasers and others in the United States are likely to believe NUSA authorizes and controls the sale of Defendant’s products, or that Defendant is associated with or related to NUSA or is authorized by NUSA to distribute or sell the NUSA Products in the United States.”

 

There are four claims for relief laid down by the Plaintiff. The first claim is for False Designation of Origin and Unfair Competition, 15 U.S.C. § 1125(a), the second claim is for Unfair Competition, Cal. Bus. Prof. Code §§ 17200 et seq., the third claim is for False Advertising, Cal. Bus. Prof. Code §§ 17500 et seq., and the fourth and fifth claims are for Tortious Interference with Contractual Relations. 

 

In its prayer for relief, Plaintiff has requested the court to grant preliminary and permanent injunctive relief against the Defendant from infringement of the above mentioned claims, to destroy the Nestlé Mexico Products or any other products bearing the Nestlé Marks in the possession of Defendant, For an order seizing the Nestlé Mexico Products or any other products bearing the Nestlé Marks in the possession of Defendant. Plaintiff further requested the court to order an accounting and disgorgement of all of Defendant’s profits and award Plaintiff provable and punitive damages including prejudgment and post judgment interest along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-02659

  • Filing Date:

    03/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Mark C. Scarsi

Referral Judge

Jean P. Rosenbluth

 

Party Details

Plaintiff

Nestle USA, Inc.

Defendant

Best Foods LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Dale J Giali

Attorney at Mayer Brown LLP

350 South Grand Avenue 25Th Floor

Los Angeles, CA 90071-1503

Adam L. Hudes

Attorney at Mayer Brown LLP

1999 K Street Nw

Washington, DC 20006

Stephen M. Cohen

Attorney at Mayer Brown LLP

1999 K Street Nw

Washington, DC 20006

Daniel David Queen

Attorney at Mayer Brown LLP

350 South Grand Avenue 25Th Floor

Los Angeles, CA 90071

Dale J. Giali

Attorney at Mayer Brown LLP

350 South Grand Avenue 25Th Floor

Los Angeles, CA 90071-1503

Defendant Attorneys

Rita M Haeusler

Attorney at Hughes Hubbard and Reed LLP

1999 Avenue Of The Stars 9Th Floor

Los Angeles, CA 90067

Diego F. Duran de la Vega

Attorney at Hughes Hubbard and Reed LLP

1775 I Street Nw 5Th Floor

Washington, DC 20006

Michael M. Polka

Attorney at Hughes Hubbard and Reed LLP

One Battery Park Plaza

New York, NY 10004

 

Court Documents

#51

50 #2

Proposed Order

50 #1

Declaration of Adam Hudes

50 #50

Main Document

#49

#48

47 #1

Proposed Order

47 #47

Main Document

#23

#9

#8

#7

#6

#5

#4

#3

#2

#1

51 More Documents Available
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Docket Entries

  • 09/27/2021
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  • Docket(#51) ORDER GRANTING STIPULATION REGARDING FOUR-DAY EXTENSION OF DEADLINE TO AMEND COMPLAINT (ECF No. #50 ) by Judge Mark C. Scarsi. Plaintiff Nestl USA, Inc.'s deadline to file an amended complaint in this action is extended to October 1, 2021. (lom) (Entered: 09/27/2021)

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  • 09/24/2021
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  • Docket(#50) STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Declaration of Adam Hudes, #2 Proposed Order)(Hudes, Adam) (Entered: 09/24/2021)

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  • 09/09/2021
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  • Docket(#49) ORDER GRANTING MOTION TO DISMISS #23 by Judge Mark C. Scarsi: The Court grants Best Foods' Rule 12(b)(7) Motion with leave to amend and need not consider the Motion under Rules 12(b)(1) and 12(b)(6). Plaintiff Nestl USA, Inc. may file an amended complaint no later than September 27, 2021. (lc) (Entered: 09/09/2021)

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  • 09/07/2021
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  • Docket(#48) MINUTE ORDER (IN CHAMBERS) Order Denying Stipulation for Proposed Order Governing Production of Documents and Electronically Stored Information #47 by Magistrate Judge Jean P. Rosenbluth: [SEE DOCUMENT FOR DETAILS.] (es) (Entered: 09/08/2021)

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  • 08/31/2021
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  • Docket(#47) STIPULATION for Order re Production of Documents and Electronically Stored Information filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order)(Queen, Daniel) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#46) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 court days, filed by Plaintiff Nestle USA, Inc... (Attachments: #1 Exhibit A)(Queen, Daniel) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#45) STIPULATED PROTECTIVE ORDER #44 by Magistrate Judge Jean P. Rosenbluth. (See document for further information). (jp) (Entered: 08/31/2021)

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  • 08/26/2021
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  • Docket(#44) STIPULATION for Protective Order filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order)(Queen, Daniel) (Entered: 08/26/2021)

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  • 08/16/2021
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  • Docket(#43) MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE MOTION TO DISMISS #23 . Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. Court Reporter: Miriam Baird. (lc) (Entered: 08/17/2021)

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  • 08/16/2021
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  • Docket(#42) TRANSCRIPT ORDER as to defendant Best Foods LLC for Court Reporter. Court will contact Catherine Ryan at catherine.ryan@hugheshubbard.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Haeusler, Rita) (Entered: 08/16/2021)

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31 More Docket Entries
  • 03/29/2021
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  • Docket(#10) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen Cohen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#9) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam Hudes. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Best Foods LLC. (lh) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. (lh) (Entered: 03/29/2021)

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  • 03/26/2021
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  • Docket(#5) CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1 and Certification of Interested Parties Pursuant to Local Rule 7.1-1 filed by Plaintiff Nestle USA, Inc. identifying Nestle S.A., NIMCO US, Inc., Nestle Holdings, Inc. as Corporate Parent. (Giali, Dale) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#3) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Nestle USA, Inc.. (Giali, Dale) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-30996646 - Fee: $402, filed by Plaintiff Nestle USA, Inc.. (Attorney Dale J Giali added to party Nestle USA, Inc.(pty:pla))(Giali, Dale) (Entered: 03/26/2021)

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