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CLOSE TO MY HEART, INC. v. ENTHUSIAST MEDIA LLC

No. 207-CV-50 TC.

508 F.Supp.2d 963 (2007)

CLOSE TO MY HEART, INC., a Utah corporation, and Cabin Creek, LLC, d.b.a. CTMH CO., a Utah limited liability company, and JRL Publications, LLC, a Utah limited liability company, Plaintiffs, v. ENTHUSIAST MEDIA LLC, a Delaware entity, a/k/a Creating Keepsakes, and a/k/a WWW. Creatingkeep Sakes.Com, Defendants.

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

March 2, 2007.

Attorney(s) appearing for the Case

Todd E. Zenger, Nicholas D. Wells, Kirton & McConkie, Salt Lake City, UT, for Plaintiffs.

Katherine Norman, Stanford Brandon Owen, Holland & Hart, Salt Lake City, UT, for Defendants.

ORDER AND MEMORANDUM DECISION

TENA CAMPBELL, Chief Judge.

This matter comes before the court on a motion for preliminary injunctive relief filed by Plaintiff Close To My Heart, Inc. ("CTMH"). CTMH seeks to enjoin Defendants ("CK Media") from continuing their alleged acts of infringement and misappropriation of its proprietary scrapbooking patterns and trade dress. Because CTMH has failed to establish a likelihood of success on the merits of its claims against...

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