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This case was last updated from PACER on 05/25/2021 at 08:58:04 (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

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Referral Judge

Jean P. Rosenbluth

Presiding Judge

Mark C. Scarsi

 

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

Defendant Attorney

Rita M Haeusler

Attorney at Hughes Hubbard and Reed LLP

1999 Avenue Of The Stars 9Th Floor

Los Angeles, CA 90067

 

Court Documents

#12

(#12) PROOF OF SERVICE Executed by Plaintiff Nestle USA, Inc., upon Defendant Best Foods LLC served on 3/30/2021, answer due 4/20/2021. Service of the Summons and Complaint were executed upon Lelee Valenzuela, Accounts Receivable for Best Foods LLC, and authorized to accept service, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Giali, Dale) (Entered: 03/31/2021)

#11

(#11) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 03/30/2021)

#10

(#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)

#9

(#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)

#8

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

#7

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

#6

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

#5

(#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)

#4

(#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)

#3

(#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)

#2

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

#1

(#18) STIPULATION Extending Time to Answer the complaint as to Best Foods LLC answer now due 5/20/2021, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC.(Attorney Rita M Haeusler added to party Best Foods LLC(pty:dft))(Haeusler, Rita) (Entered: 04/13/2021)

 

Docket Entries

  • 05/19/2021
  • Docket(#20) ORDER EXTENDING TIME FOR BEST FOODS LLC TO RESPOND TO INITIAL COMPLAINT TO JUNE 21, 2021 #19 by Judge Mark C. Scarsi (lc) (Entered: 05/20/2021)

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  • 05/19/2021
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  • Docket(#19) Second STIPULATION for Extension of Time to File Answer to June 21, 2021 re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC. (Attachments: #1 Proposed Order)(Haeusler, Rita) (Entered: 05/19/2021)

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  • 04/13/2021
  • View Court Documents
  • Docket(#18) STIPULATION Extending Time to Answer the complaint as to Best Foods LLC answer now due 5/20/2021, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC.(Attorney Rita M Haeusler added to party Best Foods LLC(pty:dft))(Haeusler, Rita) (Entered: 04/13/2021)

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  • 04/01/2021
  • Docket(#17) ORDER GRANTING APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. and designating Dale J. Giali as local counsel #14 by Judge Mark C. Scarsi (lc) (Entered: 04/02/2021)

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  • 04/01/2021
  • Docket(#16) ORDER GRANTING APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. and designating Dale J. Giali as local counsel #13 by Judge Mark C. Scarsi (lc) (Entered: 04/02/2021)

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  • 03/31/2021
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  • Docket(#15) PROOF OF SERVICE filed by Plaintiff Nestle USA, Inc., re APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019851) #13 , Service of Summons and Complaint Returned Executed (21 days), #12 , APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019896) #14 served on 03/31/2021. (Giali, Dale) (Entered: 03/31/2021)

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  • 03/31/2021
  • Docket(#14) APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019896) filed by Plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) (Entered: 03/31/2021)

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  • 03/31/2021
  • Docket(#13) APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019851) filed by Plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) (Entered: 03/31/2021)

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  • 03/31/2021
  • View Court Documents
  • Docket(#12) PROOF OF SERVICE Executed by Plaintiff Nestle USA, Inc., upon Defendant Best Foods LLC served on 3/30/2021, answer due 4/20/2021. Service of the Summons and Complaint were executed upon Lelee Valenzuela, Accounts Receivable for Best Foods LLC, and authorized to accept service, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Giali, Dale) (Entered: 03/31/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#11) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 03/30/2021)

    Read MoreRead Less
  • 03/29/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 03/29/2021
  • View Court Documents
  • 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)

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

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

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

    Read MoreRead Less
  • 03/26/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 03/26/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 03/26/2021
  • View Court Documents
  • 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)

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

    Read MoreRead Less
  • 03/26/2021
  • View Court Documents
  • 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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