Thermodyne Food Service Products, Inc. v. McDonald's Corp.

MEMORANDUM OPINION AND ORDER

ALE SI A, District Judge.

This matter is before the Court on Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, Defendants’ motion is granted as to count VI, but denied as to all other counts of the second amended complaint.

I. BACKGROUND

Plaintiff Thermodyne Food Service Products Inc. is engaged in the manufacture and sale of food service products and systems. Thermodyne’s claim to fame is its development of ovens which utilize “Thermodyne technology” for transferring heat to food items. Generally…