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Klein-Becker USA, LLC v. Home Shopping Network, Inc.

United States District Court, D. Utah, Central Division
Apr 6, 2005
Case No. 2:05-CV-00200 PGC (D. Utah Apr. 6, 2005)

Summary

refusing to recognize other common-law unfair competition claims beyond "palming off" and "misappropriation"

Summary of this case from Wellness Publishing v. Barefoot

Opinion

Case No. 2:05-CV-00200 PGC.

April 6, 2005


ORDER DENYING MOTION FOR EXPEDITED DISCOVERY AND MOTION FOR A TEMPORARY RESTRAINING ORDER


Plaintiff, Klein-Becker USA, Inc., has moved for expedited discovery in the above-referenced matter in anticipation of the hearing on its motion for preliminary injunction, currently scheduled for April 12, 2005, at 9:30 a.m. Plaintiff has also moved for a temporary restraining order and for another preliminary injunction, this time on the issue of defendants' alleged false ingredients claims.

After a careful review of all pleadings submitted, the court is not convinced that the expedited discovery sought in this case is warranted at this time. Aside from the fact that plaintiff's requests for production may be overbroad and unduly burdensome to the defense in an expedited context, the most significant evidence supporting plaintiff's position is that gleaned from the public domain. Such evidence is already available to plaintiff, as is its own chemical assay of the defendants' product. The plaintiff's motion for expedited discovery is, accordingly, denied.

Plaintiff's motion for a temporary restraining order is also denied, as it has failed to make the heightened showing of irreparable harm required. The issues raised in plaintiff's second motion for a preliminary injunction may be addressed at the preliminary injunction hearing on April 12, 2005.


Summaries of

Klein-Becker USA, LLC v. Home Shopping Network, Inc.

United States District Court, D. Utah, Central Division
Apr 6, 2005
Case No. 2:05-CV-00200 PGC (D. Utah Apr. 6, 2005)

refusing to recognize other common-law unfair competition claims beyond "palming off" and "misappropriation"

Summary of this case from Wellness Publishing v. Barefoot
Case details for

Klein-Becker USA, LLC v. Home Shopping Network, Inc.

Case Details

Full title:KLEIN-BECKER USA, LLC, a Utah limited liability company, Plaintiff(s), v…

Court:United States District Court, D. Utah, Central Division

Date published: Apr 6, 2005

Citations

Case No. 2:05-CV-00200 PGC (D. Utah Apr. 6, 2005)

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