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CYTOSPORT, INC. v. VITAL PHARMACEUTICALS, INC.

No. CIV. S-08-2632 FCD/GGH.

617 F.Supp.2d 1051 (2009)

CYTOSPORT, INC., Plaintiff, v. VITAL PHARMACEUTICALS, INC., Defendant.

United States District Court, E.D. California.

Order Denying Motion for Stay May 22, 2009.

Attorney(s) appearing for the Case

Glenn W. Peterson, Millstone Peterson & Watts, LLP, Roseville, CA, Jed H. Hansen, Thorpe North & Western, LLP, Sandy, UT, Mark M. Bettilyon, Samuel C. Straight, Ray Quinney and Nebeker, PC, Salt Lake City, UT, for Plaintiff.

Erica Stump, Vital Pharmaceuticals, Inc., Davie, FL, Gigi Chali Hoang, Perkins Coie LLP, San Francisco, CA, Ramsey M. Al-Salam, Perkins Coie, LLP, Seattle, WA, for Defendant.

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

Plaintiff CytoSport, Inc. ("plaintiff" or "CS") brings this action against Vital Pharmaceuticals, Inc. ("defendant" or "VPX") for trademark and trade dress infringement, unfair competition and false advertising under federal and state law. (Second Am. Compl., filed Mar. 19, 2009.) This matter is before the court on plaintiff's motion for preliminary...

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