This case involves a commercial dispute between a distributor of cigars and an entrepreneur attempting to enter the market. The defendant entrepreneur purchased a large number of cigars at an alcohol, tobacco, and firearms auction. The defendant attempted to sell the cigars until he was discovered by the cigars brand’s distributor. The distributor issued the defendant entrepreneur a temporary restraining order. The defendant alleged that the cigars being sold under the cigar distributor were materially different, citing that the distributor’s policies which dictate that cigars are sold no later than 2 years after the tobacco has been harvested. The defendant alleged that the cigars he sold were 4 years old and that the moisture loss secondary to storage caused the older cigars to be brittle and change the color of the paper. An expert with experience in cigar production was sought to address the shelf life and storage requirements of cigars and determine if the products were, in fact, materially different.