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D. Minnesota: COYNE'S & COMPANY, INC v. ENESCO, LLC

Giftware company brought action against competitor seeking temporary restraining order and against giftware manufacturer that was in receivership, receivers of manufacturer's assets, and competitor, alleging interference with contractual and prospective relations, promissory estoppel, violation of Lanham Act, copyright infringement, deceptive trade practices and misappropriation of trade secrets in violation of Minnesota law, conversion of goods and good will, violation of Minnesota Franchise Act, unfair or inequitable practice in violation of Minnesota law, breach of contract, and rescission of share purchase agreement. The District Court denied motion for injunctive relief. While plaintiff's appeal was pending, competitor moved to dismiss. Holdings: The District Court, Michael J. Davis, J., held that: (1) company's allegations were sufficient to state claim for interference with contractual relations against competitor under Minnesota law; (2) company's allegations sufficiently stated a claim against competitor for tortious interference with prospective relations under Minnesota law; (3) company did not have standing to allege trademark infringement claim against competitor under Lanham Act; (4) company's allegations were sufficiently particular to state claim against competitor under Minnesota Deceptive Trade Practices Act; and (5) company sufficiently alleged that it was franchisee of giftware manufacturer, for purposes of claims under Minnesota Franchise Act. Motion granted in part and denied in part.

Full post as published by The Trade Secrets Vault on September 28, 2008 (boomark / email).