Nutrasweet Co. v. Vit-Mar Enterprises, Inc.

112 F.3d 689 (1997)

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Nutrasweet Co. v. Vit-Mar Enterprises, Inc.

United States Court of Appeals for the Third Circuit
112 F.3d 689 (1997)

AR

Facts

Nutrasweet Co. (plaintiff) sold sweetener to Vit-Mar Enterprises, Inc. (defendant) at a steep discount on condition that the sweetener not be sold in the United States. Nutrasweet learned that Tekstilschik, a Russian company, had acquired some of the sweetener and intended to sell it in the United States. Nutrasweet applied for an emergency temporary restraining order to stop the sale in the United States. The district court granted the order. Tekstilschik challenged the order and argued it had acquired the sweetener without knowing of the sales restriction. The court decided to extend the order, finding Tekstilschik did not have standing to challenge it. Although Nutrasweet suggested that the court enter a preliminary injunction, the court noted that it had not made the required finding of facts, so it simply extended the temporary restraining order. The proceedings were then stayed pending a criminal investigation of some of the other defendants. Tekstilschik again challenged the order, which had been in effect for 77 days by that point.

Rule of Law

Issue

Holding and Reasoning (Stapleton, J.)

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