OPINION AND ORDER DENYING MOTI ON TO DISMISS Plaintiff Environment Solutions Associates Group, LLC (“ESG” or “Plaintiff”) brings this breach of contract action against Defendant Conopco, Inc. d/b/a Unilever (“Unilever” or “Defendant”), alleging that Unilever violated the confidentiality provisions of a services contract and misappropriated Plaintiff’s confidential information and intellectual property. (Second Amended Complaint (“SAC”) [ECF No. 31]). Defendant has moved to dismiss the Second Amended Complaint. [ECF No. 37]. Having carefully considered the parties’ submissions and arguments, the Court denies Defendant’s motion. BACKGROUND I. Procedural History ESG commenced this action for breach of contract with the filing of its original Complaint. [ECF No. 1]. The Court thereafter granted Plaintiff leave to file an Amended Complaint to correct a typographical error in the case caption. [ECF No. 8]. Subsequently, with leave of Court, Defendant filed a Motion to Dismiss the Amended Complaint. [ECF No. 19]. In response, Plaintiff cross-moved for leave to amend. [ECF No. 23]. The Court granted Plaintiff’s cross-motion and denied Defendant’s motion as moot. [ECF No. 29]. The Court admonished Plaintiff that, by reason of Defendant’s Motion to Dismiss, it was on notice of the alleged deficiencies in its pleading and that the Court would be reluctant to grant further leave to amend if Defendant successfully moved to dismiss the Second Amended Complaint. [ECF No. 29]. Plaintiff thereafter filed a Second Amended Complaint, which asserted a cause of action for breach of contract. (SAC
29-37). Defendant has moved to dismiss Plaintiff’s SAC. [ECF No. 37]. In support of its motion, Defendant filed a memorandum of law, (Def. Br. [ECF No. 38]) and the declaration of Sarah Peyronnel, counsel for Defendant, which attached several exhibits, (Peyronnel Decl. [ECF No. 39]). Plaintiff has filed a memorandum of law in opposition to Defendant’s motion. (Pl. Opp’n [ECF No. 40]). Defendant has filed a reply memorandum of law. (Def. Reply [ECF No. 41]). II. Factual Background ESG is the developer of the Ecopod kiosk, a smart-tech refill system that dispenses home care and personal care products into reusable containers. (SAC 1).1 Ecopod kiosks contain a proprietary peristaltic pump system that is used to dispense viscous substances (i.e. shampoo, conditioner, and body wash) and a novel system that registers remotely whether a product in the kiosk requires refilling. (SAC 8). On February 12, 2019, ESG entered into a Services Agreement with Unilever, a producer and provider of personal care products such as perfumes, soaps, and shampoos. (SAC
