Case: Trademarks & Trade Secrets/Trade Dress (C.D. Cal.)

A federal district court in California granted Kangnam1957 Inc.’s motion to dismiss Sun Nong Dan Foods Inc.’s trade secret misappropriation and false advertising claims, and denied its motion to dismiss Sun Nong Dan Foods’ trade dress infringement claim. The court held that the claimed trade dress was nonfunctional, and that there was a likelihood of confusion based on evidence of actual customer confusion. But the court said Sun Nong Dan Foods failed to plead facts that explain how the Kangnam1957 wrongfully obtained the secret.