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THERMOLIFE INTERN., LLC v. GASPARI NUTRITION, INC.

No. CV 11-01056-PHX-NVW.

871 F.Supp.2d 905 (2012)

THERMOLIFE INTERNATIONAL, LLC, Plaintiff, v. GASPARI NUTRITION, INC., Defendant.

United States District Court, D. Arizona.

May 16, 2012.

Attorney(s) appearing for the Case

Geoffrey S. Kercsmar , Gregory Blain Collins , Kercsmar & Feltus PLLC, Jenessa GB Coccaro , Kercsmar & Feltus PLLC, Scottsdale, AZ, for Plaintiff.

Flynn Patrick Carey , Robert J. Itri , Gallagher & Kennedy PA, Phoenix, AZ, Gregory M. Krakau , Morse Barnes-Brown & Pendleton PC, Waltham, MA, for Defendant.

ORDER

NEIL V. WAKE, District Judge.

Before the Court is Defendant's Motion to Dismiss Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11 of Plaintiff's First Amended Complaint (Doc. 39). The Motion will be denied in part and granted in part for the reasons stated below.

I. BACKGROUND FACTS

Plaintiff ThermoLife International, LLC ("ThermoLife") and Defendant Gaspari Nutrition, Inc. ("Gaspari") are both suppliers of dietary supplements targeted at...

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