Citations
- 969 F. Supp. 2d 994
Full opinion text
OPINION AND ORDER
WILLIAM T. HART, District Judge.
I. INTRODUCTION
Plaintiff Susan Spitz claims defendants Proven Winners North America, LLC (“PW”) and EuroAmerican Propagators, LLC (“Euro”) contracted with her to use her “Marketing Concept” related to pet-safe plants and thereafter used the Concept, but failed to pay her any fee. In the Second Amended Complaint (“SAC”), plaintiff describes her Marketing Concept as follows:
74. In brief summary, Ms. Spitz conceived and proposed that a plant cultivation, marketing and distribution company or associated companies, such as for example PW and the PW Owners, would benefit substantially by collectively branding through selective tagging, labeling and/or other designation, specific ornamental plant varieties that had been established through testing to be nontoxic to pets, and which plant varieties could therefore be marketed, advertised and sold as “Pet Friendly” or “Pet Safe” or other similar term (Ms. Spitz’s “Marketing Concept”).
75. The fundamental aspect of Ms. Spitz’s Marketing Concept was the concept of marketing, advertising and selling ornamental plant varieties determined to be nontoxic to pets by collectively tagging, labeling and/or otherwise designating such plant varieties as “Pet Friendly” or “Pet Safe” or other similar term. (“Key Aspect”).
SAC ¶¶ 74-75 [Docket Entry (“D/E”) 101].
Although originally asserting federal Lanham Act claims, the presently pending SAC is limited to state law claims. Plaintiffs claims are: (I) Breach of 2