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FOREIGN CANDY CO. v. PROMOTION IN MOTION

No. 12-CV-4107-DEO.

953 F.Supp.2d 934 (2013)

FOREIGN CANDY COMPANY, INC., Plaintiff, v. PROMOTION IN MOTION, INC., Defendant.

United States District Court, N.D. Iowa, Western Division.

June 20, 2013.

Attorney(s) appearing for the Case

Michael W. Ellwanger , Rawlings Ellwanger Jacobs Mohrhauser & Nelson, L.L.P., Sioux City, IA, Alicia M. Passerin , Douglas M. Hall , Jonathan C. Parks , Pietragallo, Gordon, Alfano, Bosick & Raspanti, LLP, Pittsburg, PA, for Plaintiff.

Michael A. Dee , Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, PLC, Des Moines, IA, Jonathan Z. King , Richard S. Mandel , Cowan, Liebowitz & Latman, PC, New York, NY, for Defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

DONALD E. O'BRIEN, Senior District Judge.

Presently before the Court is Defendant, Promotion In Motion, Inc.'s [hereinafter the Defendant], Motion to Dismiss. Docket No. 9. The parties appeared telephonically for hearing on March 26, 2013. After listening to the parties' arguments, the Court took the matters under consideration and now enters the following.

I. BACKGROUND

At this early stage of the...

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