SPITZ v. PROVEN WINNERS NORTH AMERICA, LLC

No. 13-3084.

759 F.3d 724 (2014)

Susan SPITZ, Plaintiff-Appellant, v. PROVEN WINNERS NORTH AMERICA, LLC & EuroAmerican Propagators, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 2014.


Attorney(s) appearing for the Case

Douglas D. Churovich , Polster, Lieder, Woodruff & Lucchesi, St. Louis, MO, for Plaintiff-Appellant.

Patrick Ross Grady , Law Offices of Wolf & Wolfe, Ltd., Catherine Basque Weiler , Swanson, Martin & Bell, LLP, Chicago, IL, for Defendants-Appellees.

Before KANNE, TINDER, and HAMILTON, Circuit Judges.


KANNE, Circuit Judge.

Susan Spitz, a freelance copywriter, developed a plan to market "pet safe plants" to the burgeoning pet supplies market. She pitched this idea to Amerinova, a company that develops and licenses plant varieties. Although Amerinova expressed interest, the project eventually stalled. When Spitz discovered that Proven Winners, a company partially owned by the owners of Amerinova, had described some of its plants as "pet friendly" on its website and...

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