Intellectual Property Law

Western District Jury Finds False Advertising, Awards $10M in Damages

By Michael Atkins

Page one of the National Products jury verdict form.
Page two awards the plaintiff $10 million.  

There’s a verdict in the National Products, Inc. v. Gamber-Johnson LLC, false advertising case.

On April 12, the Western District jury found that Gamber-Johnson’s marketing video entitled, “The Mounting Evidence,” discussing competitors’ laptop mounting systems for use in emergency vehicles, constituted false advertising.

STL readers may recall that the video was narrated by a frequent speaker on airbag safety, ambulance driving, and other types of emergency-responder driving techniques who purported to describe his “analysis” and “investigation” into the competing products but actually conducted no analysis or investigation. He just read a script off a teleprompter.

The jury found use of those words constituted deliberate false advertising, as well as the discussion of using “plastic” components versus “steel” and “Grade 5” bolts versus “Grade A” bolts.

It awarded National Products $10 million in damages.

Western District Judge James Robart denied motions for judgment as a matter of law and ordered the parties to submit supplemental briefing addressing the jury’s award of damages, as well as National Products’ request for injunctive relief.

The case cite is National Products, Inc. v. Gamber-Johnson LLC, No. 08-0049 (W.D. Wash. April 13, 2010).

Full post as published by Seattle Trademark Lawyer on April 19, 2010 (boomark / email).