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COSMETIQUE, INC. v. VALUECLICK, INC.

No. 10 C 367.

753 F.Supp.2d 716 (2010)

COSMETIQUE, INC., Plaintiff, v. VALUECLICK, INC., et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

November 4, 2010.

Attorney(s) appearing for the Case

Mark J. Tamblyn, Wexler Wallace LLP, Sacramento, CA, Mark Richard Miller, Kenneth A. Wexler, Wexler Wallace LLP, Chicago, IL, for Plaintiff.

Daniel G. Rosenberg, Peter G. Rush, K & L Gates LLP, Chicago, IL, Michael B. Smith, Sarah Ann Brown, Susan Ashlie Beringer, Gibson, Dunn & Crutcher LLP, Palo Alto, CA, for Defendants.

MEMORANDUM OPINION

SAMUEL DER-YEGHIAYAN, District Judge.

This matter is before the court on Defendant ValueClick, Inc.'s (ValueClick) and Defendant Web Marketing Holdings, Inc. d/b/a Webclients, Inc.'s (Webclients) motion to dismiss. For the reasons stated below, we grant in part and deny in part the motion to dismiss.

BACKGROUND

Plaintiff Cosmetique, Inc. (Cosmetique) alleges that it is a direct marketer of cosmetics and runs Cosmetique...

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