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L'ATHENE, INC. v. EARTHSPRING LLC

Civ. No. 08-114-SLR.

570 F.Supp.2d 588 (2008)

L'ATHENE, INC, Plaintiff, v. EARTHSPRING LLC and Greek Island Labs LLC, Defendants.

United States District Court, D. Delaware.

August 7, 2008.

Attorney(s) appearing for the Case

Michael R. Robinson, Esq. & Sherry H. Flax, Esq., of Saul Ewing, LLP, Wilmington, DE, for Plaintiff.

Beth Moskow-Schnoll, Esq., of Ballard Spahr Andrews & Ingersoll, LLP, Wilmington, DE, for Defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

On February 25, 2008, plaintiff L'Athene, Inc. ("plaintiff") filed this suit against defendants EarthSpring, LLC ("EarthSpring") and Greek Island Labs, LLC ("Greek Island") (collectively, "defendants") alleging trademark infringement, unfair competition under the Lanham Act, and common law infringement. (D.I. 2 at ¶ 18-31) On April 4, 2008, defendants moved for dismissal based...

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