AMERICAN BEVERAGE CORP. v. DIAGEO NORTH AMERICA

Civil Action No. 12-601.

936 F.Supp.2d 555 (2013)

AMERICAN BEVERAGE CORPORATION and Pouch Pac Innovations, LLC, Plaintiffs, v. DIAGEO NORTH AMERICA, INC. and Diageo Americas Supply, Inc. trading and doing business as Captain Morgan Co., Defendants.

United States District Court, W.D. Pennsylvania.

March 28, 2013.


Attorney(s) appearing for the Case

Steven W. Zoffer , Dickie, McCamey & Chilcote, Pittsburgh, PA, Stanley D. Ference, III , Ference & Associates, Pittsburgh, PA, for Plaintiffs.

Arthur H. Stroyd, Jr. , Del Sole Cavanaugh Stroyd LLC, Pittsburgh, PA, Edward E. Vassallo , Joanna G. Goldstein , Pasquale A. Razzano , Timothy J. Kelly , Fitzparick, Cella, Harper & Scinto, New York, NY, Matthew Thomas Logue , Logue Law Firm LLC, Pittsburgh, PA, for Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

CONTI, District Judge.

I. INTRODUCTION

Pending before the court is the Motion for Preliminary Injunction (ECF No. 8) and brief in support (ECF No. 9) filed on May 7, 2012 by plaintiffs American Beverage Corporation ("ABC") and Pouch Pac Innovations, LLC ("PPi") (collectively "plaintiffs") against defendants Diageo North America, Inc. and Diageo Americas Supply, Inc. (collectively...

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