Automated Pet Care Products, LLC v. PurLife Brands, Inc. d/b/a Smarty Pear, a Delaware corporation ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AUTOMATED PET CARE PRODUCTS, Case No. 22-cv-04261-VC LLC, Plaintiff, ORDER DENYING MOTION TO DISMISS IN PART v. Re: Dkt. No. 29 PURLIFE BRANDS, INC. D/B/A SMARTY PEAR, A DELAWARE CORPORATION, et al., Defendants. Automated Pet Care Products, LLC (doing business as Whisker) and PurLife Brands, Inc. (doing business as Smarty Pear) are competitors in the market for automated, self-cleaning litter boxes. Whisker is the pioneer of this technology while Smarty Pear is the newcomer. Whisker has sued Smarty Pear for patent infringement, trademark infringement, false designation of origin, false advertising, and unfair competition. Smarty Pear has moved to dismiss Whisker’s complaint for failure to state claims on which relief can be granted. The motion is denied as to Whisker’s claims for trademark infringement, false designation of origin, and unfair competition. The remaining claims will be addressed in a separate order. I Twenty-three years ago, Whisker launched its flagship product: the Litter-Robot. The Litter-Robot was the first of its kind. It consists of a rotating chamber that automatically sifts cat waste after each use into a waste drawer beneath the chamber, thus keeping the litter box perpetually clean and eliminating the need for manual scooping. Since the launch of the Litter- Robot, Whisker has continued to innovate, launching new and improved models like the Litter- Robot II, Litter-Robot 3, Litter-Robot 3 Connect, and Litter-Robot 4. ~