Animal Legal Defense Fund et al v. HVFG, L.L.C. et al
Filing
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ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION by Hon. William Alsup denying 62 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 5/15/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ANIMAL LEGAL DEFENSE FUND,
et al.,
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Plaintiffs,
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No. C 12-05809 WHA
ORDER DENYING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION
v.
HVFG LLC, et al.,
Defendants.
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A recent order granted in part and denied in part defendants’ motion to dismiss. Of
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particular relevance here, the order concluded that plaintiff Regal Vegan had both Article III
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standing and standing under the Lanham Act (Dkt. No. 50 at 7, 11). Defendants now move for
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leave to file a motion for reconsideration. They argue that the rulings on standing were based on
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the allegedly faulty premises that “plaintiffs assert that defendants’ advertisements misrepresent
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the nature of defendants’ pâté and that Regal Vegan and Hudson Valley purportedly compete in
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a market for ‘humanely produced pâtés’ or ‘spreadable pâtés’” (Dkt. No. 62 at 2 (emphasis
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removed)).
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Defendants’ request for leave is DENIED. Defendants — who admittedly sell foie gras —
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complain that they do not sell pâté, that the complaint contains no allegation that they sell pâté,
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and that there is no evidence in the record that they sell pâté. This objection proceeds from
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semantic hair-splitting. Foie gras is commonly defined as “fat liver esp. of a goose usu. in the
form of a pâté, puree, or terrine.” Webster’s Third New International Dictionary 881 (1961).
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For now, that defendants’ product may not technically be a “pâté” in its natural state is not
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dispositive. The prior order determined that Regal Vegan has alleged sufficient facts — at this
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preliminary stage — that the parties produce competing products and compete for the same pool
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of potential customers (Dkt. No. 62 at 6). To the extent that the gravamen of defendants’ motion
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disputes whether they actually compete, defendants must now pursue such contentions at
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summary judgment, or at trial.
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IT IS SO ORDERED.
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Dated: May 14, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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