Puricle, Inc. v. Church & Dwight Co., Inc.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

Pending before the Court is Defendant and Counterclaimant Church & Dwight Co., Inc.’s (“C & D”) Motion for a Preliminary Injunction (“Motion”), filed on June 30, 2008. Plaintiff and Counterclaim Defendant Puricle, Inc. (“Puricle”) filed an Opposition on July 9, 2008, and C & D filed a Reply on July 15, 2008. The Court heard oral argument on July 21, 2008. For the foregoing reasons, the Court DENIES the Motion.

I. PROCEDURAL BACKGROUND

Puricle filed its First Amended Complaint (“FAC”) in this matter on June 27, 2008. Therein, Puricle asserts several contract-based claims; claims for conversion, misappropriation, and unfair competition; and seeks declaratory relief to the effect that the non-competition clause in the Manufacturing Agreement between Puricle and C & D is unconscionable and unenforceable. On June 30, 2008, C & D filed its Answer and Verified Counterclaims wherein C & D asserts claims for breach of contract and breach of the covenant of good faith and fair dealing, and seeks declaratory relief adjudicating the enforceability of the Manufacturing Agreement. Along with its Answer and Counterclaims, C & D filed an…