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Giftware company brought action against competitor seeking temporary
restraining order and against giftware manufacturer that was in receivership,
receivers of manufacturer's assets, and competitor, alleging interference with
contractual and prospective relations, promissory estoppel, violation of Lanham
Act, copyright infringement, deceptive trade practices and misappropriation of
trade secrets in violation of Minnesota law, conversion of goods and good will,
violation of Minnesota Franchise Act, unfair or inequitable practice in violation
of Minnesota law, breach of contract, and rescission of share purchase agreement.
The District Court denied motion for injunctive relief. While plaintiff's appeal
was pending, competitor moved to dismiss.

Holdings: The District Court, Michael J. Davis, J., held that:

(1) company's allegations were sufficient to state claim for interference with
contractual relations against competitor under Minnesota law;

(2) company's allegations sufficiently stated a claim against competitor for
tortious interference with prospective relations under Minnesota law;

(3) company did not have standing to allege trademark infringement claim against
competitor under Lanham Act;

(4) company's allegations were sufficiently particular to state claim against
competitor under Minnesota Deceptive Trade Practices Act; and

(5) company sufficiently alleged that it was franchisee of giftware
manufacturer, for purposes of claims under Minnesota Franchise Act.

Motion granted in part and denied in part.

565 F.Supp.2d 1027

United States District Court,

D. Minnesota.

COYNE'S & COMPANY, INC., a Minnesota corporation, Plaintiff,


ENESCO, LLC, an Illinois limited liability company; Country Artists, Ltd.;

and Mark Jeremy Orton and Allan Watson Graham, as Receivers of Country Artists,

Ltd., Defendants.

Civil File No. 07-4095 (MJD/SRN).

June 21, 2008.

About this Entry

This page contains a single entry by Jon Cavicchi published on September 28, 2008 9:46 PM.

Firm Entitled to Arbitrate Fee Dispute With ConnectU was the previous entry in this blog.

Court of Appeals of South Carolina: POWER PRODUCTS AND SERVICES COMPANY, INC. v. Robert A. KOZMA at al is the next entry in this blog.

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