MEMORANDUM OPINION AND ORDER GRANTING MOTION T O DISMISS Plaintiffs The Wonderful Company LLC (“TWC”) and Cal Pure Produce Inc. (“CPP”) assert claims under the Lanham Act for trade dress infringement and dilution, as well as state law claims for unfair competition and deceptive acts and practices. Defendant Nut Cravings Inc. moves to dismiss these claims pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion to dismiss is GRANTED. BACKGROUND1 This case is about the packaging of pistachio nuts. TWC owns the WONDERFUL brand of pistachio and other nuts. Complaint 1 [ECF No. 6] (“Compl.”). CPP markets and sells WONDERFUL brand pistachios and is a licensee of TWC. Id. 2. TWC has invested hundreds of millions of dollars in the WONDERFUL brand, which has been extensively marketed in the United States. Id.
13, 16, 23. This marketing effort has included a number of highly publicized television commercials featuring well-known celebrities. Id. 17. TWC has advertised its products online, on social media, in print media, and on billboards. Id. 18. As a result of these efforts, the WONDERFUL brand has become one of the bestselling nut products in the United States. Id. 24. The Complaint alleges that the WONDERFUL trade dress is “inherently distinctive” because of three elements: (1) predominantly black packaging; (2) use of a bright green accent color on the packaging; and (3) the predominantly rectangular shape of the package. Id. 14. Plaintiffs asserts that this trade dress has “acquired considerable value” and “become famous to the consuming public.” Id. 20. On May 5, 2021, Plaintiffs filed this Complaint, arguing that Defendant sells nut products that infringe on the WONDERFUL trade dress by copying its three “inherently distinctive” elements. Id.
