Case No.: 2:06-cv-488.

659 F.Supp.2d 913 (2009)

THE SCOTTS COMPANY LLC, et al., Plaintiffs, v. FARNAM COMPANIES, INC., Defendant.

United States District Court, S.D. Ohio, Eastern Division.

September 14, 2009.

Attorney(s) appearing for the Case

Frank Allen Ray, David John Butler, Chester Willcox & Saxbe LLP, Columbus, OH, for Plaintiffs.

John Patrick Gilligan, Katherine G. Manghillis, Schottenstein Zox & Dunn Co., L.P.A., Columbus, OH, George A. Yuhas, Orrick, Herrington & Sutcliffe, San Francisco, CA, for Defendant.


GEORGE C. SMITH, District Judge.

This matter is before the Court on Plaintiffs The Scotts Company LLC, Scotts Miracle-Gro Products, Inc., and OMS Investments, Inc.'s Motion for Partial Summary Judgment (Doc. 41) and Defendant Farnam Companies, Inc.'s Motion for Partial Summary Judgment (Doc. 44). For the reasons that follow, the Court GRANTS in part and DENIES in part Plaintiffs' Motion for Partial Summary

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