Inhale, Inc. v. Worldwide Smoke, Inc. CA4/3

FACTS

At the outset we note that appellant’s anemic statement of facts and inadequate record has in many cases left us with more questions than answers. The record lacks such basic items as the operative pleadings, the order compelling arbitration, and the order confirming the arbitration award. With that caveat, the relevant facts 1 revealed in the record are as follows. 1 In aid with our review, on our own motion, and having given notice to the parties, we augment the record to include the following documents: 1. Defendant

3 Inhale manufactures hookahs. A hookah is a device used to smoke flavored tobacco. Worldwide, at the time of the dispute, distributed products related to smoking, including hookahs and tobacco. Worldwide claimed to have a license to distribute hookahs decorated with the artwork and trademark of a well known designer of tattoos, Ed Hardy. The parties signed an agreement pursuant to which Inhale would manufacture Ed Hardy hookahs. Inhale filed suit against, among others, Worldwide and Bard, asserting causes of action for breach of contract, fraud, and unfair competition. Inhale alleged that defendants never had a license to distribute Ed Hardy hookahs, but…