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GOSMILE, INC. v. DR. JONATHAN LEVINE, D.M.D. P.C.

No. 10 CIV. 8663(PKC).

769 F.Supp.2d 630 (2011)

GOSMILE, INC., a Delaware Corporation, Plaintiff, v. DR. JONATHAN LEVINE, D.M.D. P.C., a New York Corporation, and Dr. Jonathan B. Levine, an individual, Defendants.

United States District Court, S.D. New York.

March 7, 2011.

Attorney(s) appearing for the Case

Mark Carl Zauderer , Anne Becker Nicholson , Jonathan Daniel Lupkin , Kimberly Ailisa Pallen , Flemming Zulack Williamson Zauderer, LLP, New York, NY, Annaliese Flynn Fleming , Matthew F. Singer , Wendi Elizabeth Sloane , Barack Ferrazzano Kirschbaum & Nagelberg LLP, Chicago, IL, for Plaintiff.

David Warren Denenberg , Joshua S. Krakowsky , Michael A. Adler , Davidoff, Malito & Hutcher, LLP, Kyle C. Bisceglie , Howard J. Smith, III , Joshua S. Androphy , Olshan, Grundman, Frome, Rosenzweig & Wolosky, LLP, Bruce Jeffrey Ressler , Ellen R. Werther , Ressler & Ressler, New York, NY, for Defendants.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

Plaintiff Go SMiLE, Inc. ("Go SMiLE") markets and sells tooth-whitening products. Dr. Jonathan B. Levine co-founded Go SMiLE in 2002, and, after he sold a majority interest to investors, remained affiliated with the company as an officer, director and spokesperson. His relationship with Go SMiLE ended in April 2008, after which he began to develop a new tooth-whitening product line that is being...

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