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INTEGRATIVE NUTRITION v. ACADEMY OF HEALING NUTR.

No. 06 Civ. 4920(JGK).

476 F.Supp.2d 291 (2007)

INTEGRATIVE NUTRITION, INC. d/b/a Institute for Integrative Nutrition, Plaintiff, v. ACADEMY OF HEALING NUTRITION; Holistic Health and Healing Nutrition, L.L.C. d/b/a the Academy of Healing Nutrition; Roger Green; Marise Hamm; William Tara, Defendants.

United States District Court, S.D. New York.

January 30, 2007.

Attorney(s) appearing for the Case

Arnold M. Weiss, Michael Steven Hiller, Weiss & Hiller, PC, New York, NY, for plaintiff.

Al J. Daniel, Jr., Nancy Evelyn Wolff, Cowan, DeBaets, Abrahams & Sheppard LLP, New York, NY, for defendants.

OPINION AND ORDER

KOELTL, District Judge.

The defendants move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the plaintiffs complaint on the grounds that the claims are preempted by Section 301(a) of the Copyright Act, 17 U.S.C. § 301(a), or other federal law. The plaintiff, Integrative Nutrition, Inc., initially brought this action in state court claiming that the defendants had fraudulently obtained and illegally used the plaintiffs...

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