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IMAGINE MEDISPA, LLC v. TRANSFORMATIONS, INC.

Civil Action No. 2:13-26923.

999 F.Supp.2d 873 (2014)

IMAGINE MEDISPA, LLC, f/k/a Medical Weight Loss Clinic of Charleston, LLC, and David A. Rubio, Plaintiffs, v. TRANSFORMATIONS, INC. a West Virginia Corporation, formerly doing business as Transformations Weight Loss & Skin Clinic, Inc., formerly doing Business as Bariatric Medicine of Huntington, Inc., and Liza Antoinette Frederick, M.D. a/k/a Toni Galbraith, M.D., and Joshua P. Galbraith, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

February 26, 2014.

Attorney(s) appearing for the Case

Scott H. Kaminski , Balgo & Kaminski, Charleston, WV, for Plaintiffs.

Callie E. Waers , Karen Tracy McElhinny , Shuman McCuskey & Slicer, Charleston, WV, for Defendants.

MEMORANDUM OPINION & ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the defendants' motion to dismiss, filed December 20, 2013.

I. Factual and Procedural Background

This case arises out of a dispute between two competitors in the medical weight-loss and skin care industry, each of which provides "highly similar goods and services in overlapping geographic areas." See Compl. ¶¶ 13-14. Plaintiff Imagine...

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