Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From John Paul Mitchell v Quality King, 106 F.Supp.2d 462 (2000) Indeed, courts have been suspicious of the claim that disruption of these exclusive distribution arrangements causes any pecuniary injury, let alone irreparable damage. The Second Circuit has rejected a tortious interference with contract claim on this basis, holding that the plaintiff showed no pecuniary loss resulting from diversion outside of its exclusive dealership arrangement. See H.L. Hayden Co. v. Siemens Medical Sys., Inc., 879 F.2d 1005, 1024 (2d Cir.1989). Another seller of professional hair care products, Graham Webb, lost a tortious interference claim similar to the one brought in this case on the grounds of inability to show any — let alone irreparable — damages because it could not show that the increased sales from retail outlets did not offset the lost sales in salons. See Graham Webb Int'l Ltd. Partnership v. Emporium Drug Mart, Inc., 916 F.Supp. 909, 918 (E.D.Ark. 1995). So too did Matrix Essentials Inc. lose a tortious interference case: "Just as in Hayden, Matrix profited from the initial sale of Matrix products to defendants. To the extent that Matrix claims damages based on loss of control over its distribution and marketing strategies, this is the very argument rejected by the court in Hayden." Matrix Essentials, Inc. v. Cosmetic Gallery, Inc., 870 F.Supp. 1237, 1250 (D.N.J.1994).