Nestlé Purina Petcare Co. v. Blue Buffalo Co.

MEMORANDUM AND ORDER

RODNEY W. SIPPEL, District Judge.

This matter is before me on third-party defendant Wilbur-Ellis’ motion to dismiss *789the Blue Buffalo Company, LtcL’s claims against. Blue Buffalo’s third-party claims against Wilbur-Ellis arise out of an underlying action in which Nestle Purina Pet-care Company alleges that Blue Buffalo falsely advertised its pet foods as free of poultry by-product meal in violation of the Lanham Act, 15 U.S.C. § 1125. Blue Buffalo .now admits that poultry by-product was in some of its pet foods. However, it claims that its ingredient supplier, Wilbur-Ellis,…