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MORNINGWARE, INC. v. HEARTHWARE HOME PRODUCTS

No. 09 CV 4348.

673 F.Supp.2d 630 (2009)

MORNINGWARE, INC., Plaintiff, v. HEARTHWARE HOME PRODUCTS, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

November 16, 2009.

Attorney(s) appearing for the Case

Edward L. Bishop, The Law Office of Edward L. Bishop, Nicholas S. Lee, Bishop & Diehl, LTD., Schaumburg, IL, for Plaintiff.

David M. Farnum, Calvin R. Nelson, Meaghan Hemmings Kent, Venable LLP, Washington, DC, Cameron H. Tousi, Ralph P. Albrecht, Venable LLP, Vienna, VA, William P. Oberhardt, William P. Oberhardt, LLC, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Judge:

For the following reasons, the Court denies Defendant Hearthware Home Products, Inc.'s ("Hearthware") Motion to Dismiss for Failure to State a Claim ("Motion to Dismiss").

BACKGROUND

Plaintiff Morningware, Inc. ("Morningware") filed its complaint against Hearthware on July 20, 2009 ("Complaint"). Plaintiff's Complaint alleges five causes of action: (i) unfair competition...

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