Big Top USA, Inc. v. Wittern Group

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This has been an uncivil action. Plaintiff Big Top USA, Inc. (“Big Top”) claims that the defendants stole Big Top’s design for a gumball amusement machine in January 1997 and, as a result, have nearly driven the company out of business. Big Top asserts that O.K. Manufacturing (“O.K.”) makes two machines that are knock-offs of its machine, that Selectivend National (“Selectivend”) conspired in the knock-off, and that Wal-Mart Stores, Inc. (“Wal-Mart”) joined in the conspiracy and breached an agreement to place Big Top Gumball Machines in…