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PRIMARY CHILDREN'S MEDICAL CENTER FOUNDATION v. SCENTSY, INC.

Case No. 2:11-cv-1141-TC.

PRIMARY CHILDREN'S MEDICAL CENTER FOUNDATION and INTERMOUNTAIN HEALTH CARE, INC., dba PRIMARY CHILDREN'S MEDICAL CENTER, Plaintiffs, v. SCENTSY, INC., Defendant.

United States District Court, D. Utah, Central Division.

February 21, 2012.

Attorney(s) appearing for the Case

Primary Childrens Medical Center Foundation, a Utah non-profit corporation, Plaintiff, represented by Marc T. Rasich , STOEL RIVES (UT) & Michael E. Mangelson , STOEL RIVES (UT).

Intermountain Health Care, a Utah non-profit corporation doing business as Primary Childrens Medical Center Foundation, Plaintiff, represented by Marc T. Rasich , STOEL RIVES (UT) & Michael E. Mangelson . STOEL RIVES (UT).

Scentsy, an Idaho corporation, Defendant, represented by H. Dickson Burton , TRASKBRITT PC, Ryan T. McFarland , HAWLEY TROXELL ENNIS & HAWLEY (BOISE), Pro Hac Vice, Bradley R. Frazer , HAWLEY TROXELL ENNIS & HAWLEY (BOISE), Pro Hac Vice, Brandon S. Mecham , TRASKBRITT PC & J. Jeffrey Gunn , TRASKBRITT PC.

ORDER AND MEMORANDUM DECISION

TENA CAMPBELL, District Judge.

Defendant Scentsy, Inc. (Scentsy) has filed a Motion to Dismiss, or, in the Alternative, Transfer Venue, or Stay (Dkt. No. 18). While this motion concerns procedural matters, the underlying issue in the case is a claim by Plaintiff Primary Children's Medical Center Foundation (Primary Children's) against Scentsy for trademark infringement (specifically, the use of the term "Festival of Trees")...

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