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POM WONDERFUL LLC v. OCEAN SPRAY CRANBERRIES, INC.

Case No. CV 09-00565 DDP (RZx).

642 F.Supp.2d 1112 (2009)

POM WONDERFUL LLC, a Delaware limited liability company, Plaintiff, v. OCEAN SPRAY CRANBERRIES, INC., a Delaware corporation, Defendant.

United States District Court, C.D. California, Western Division.

July 16, 2009.

Attorney(s) appearing for the Case

Christopher Van Gundy, Andrew Eric Asch, Roll International Corporation, Andrew S. Clare, David Aaron Grossman, Mark D. Campbell, Walter Allan Edmiston, Loeb & Loeb LLP, Los Angeles, CA, for Plaintiff.

August T. Horvath, Lewis M. Rose, Sarah Taylor Roller, Kelley Drye and Warren LLP, Washington, DC, Ward J. Lott, Call Jensen and Ferrell, Newport Beach, CA, for Defendant.

ORDER DENYING MOTION TO DISMISS

[Motion filed on April 16, 2009]

DEAN D. PREGERSON, District Judge.

I. BACKGROUND

Plaintiff Pom Wonderful produces and sells pomegranate juice and juice blends. Defendant Ocean Spray Cranberries also sells various bottled juices, including a pomegranate and cranberry juice blend it began selling in 2007 (the "Beverage"). (Compl. ¶ 18.)

Plaintiff alleges that while Defendant primarily markets...

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