OPINION
FRYE, District Judge:
The matter before the court is the motion of the defendant/counterclaim plaintiff, International Marketing Inc., for summary judgment (# 168).
BACKGROUND
The plaintiff/counterclaim defendant, Fuller Brothers, Inc. (Fuller Brothers), manufactures, sells and distributes "Tire Life," a liquid formula that extends the life of truck tires when it is placed inside the tires at the time that they are mounted.
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