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ENZYMOTEC LTD. v. NBTY, INC.

No. 08-CV-2627 (ADS)(ETB).

754 F.Supp.2d 527 (2010)

ENZYMOTEC LTD., Plaintiff, v. NBTY, INC., Defendant.

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

December 7, 2010.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, by Robert Allen Horowitz, Esq. & Candace Marie Camarata, Esq., Of Counsel, New York, NY, Attorneys for the plaintiff.

Jaspan Schlesinger LLP, by Linda S. Agnew, Esq., Scott B. Fisher, Esq., & Christopher D. Palmieri, Esq., Of Counsel, Garden City, NY, Attorneys for the defendant.

Dorsey & Whitney LLP, by Sandra Edelman, Esq., Of Counsel, New York, NY, Attorneys for the defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiff Enzymotec Ltd. ("Enzymotec") commenced this action against Defendant NBTY, Inc. ("NBTY") alleging that it was damaged by NBTY's misconduct in breaching agreements and misleading Enzymotec as to whether NBTY intended to make Enzymotec its exclusive supplier. Enzymotec also asserted that NBTY violated 15 U.S.C. 1125(a) (the "Lanham Act") by misrepresenting the character, nature, and quality...

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