Summary
refusing to recognize other common-law unfair competition claims beyond "palming off" and "misappropriation"
Summary of this case from Wellness Publishing v. BarefootOpinion
Case No. 2:05-CV-00200 PGC.
April 6, 2005
ORDER DENYING MOTION FOR EXPEDITED DISCOVERY AND MOTION FOR A TEMPORARY RESTRAINING ORDER
Plaintiff, Klein-Becker USA, Inc., has moved for expedited discovery in the above-referenced matter in anticipation of the hearing on its motion for preliminary injunction, currently scheduled for April 12, 2005, at 9:30 a.m. Plaintiff has also moved for a temporary restraining order and for another preliminary injunction, this time on the issue of defendants' alleged false ingredients claims.
After a careful review of all pleadings submitted, the court is not convinced that the expedited discovery sought in this case is warranted at this time. Aside from the fact that plaintiff's requests for production may be overbroad and unduly burdensome to the defense in an expedited context, the most significant evidence supporting plaintiff's position is that gleaned from the public domain. Such evidence is already available to plaintiff, as is its own chemical assay of the defendants' product. The plaintiff's motion for expedited discovery is, accordingly, denied.
Plaintiff's motion for a temporary restraining order is also denied, as it has failed to make the heightened showing of irreparable harm required. The issues raised in plaintiff's second motion for a preliminary injunction may be addressed at the preliminary injunction hearing on April 12, 2005.