Budnick Converting, Inc. v. Nebula Glass International, Inc.

ORDER

HERNDON, Chief Judge:

This case is sticky. Nebula Glass International, Inc., d/b/a/ Glasslam (“Glasslam”) sought to create a new product — the “Air*981Tight” — that required, among other things, a specialized double-sided tape that could withstand certain conditions. Accordingly, Glasslam considered several products and ultimately decided to look into a tape^ — the 4965 — provided by Bud-nick Coverting, Inc. (“Budnick”) but manufactured by Tesa Tape, Inc. (“Tesa”). Glasslam tested the tape to ensure it was suitable for its application but then decided the tape, which had a red liner, needed a…