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APPELLATE DIVISION REVERSES JUDGMENT IN TRADEMARK,
UNFAIR COMPETITION CASE

Click here for Unpublished Decision

In an unusual case involving the application of federal trademark law to claims asserted in state court, the New Jersey Superior Court, Appellate Division, reversed a judgment entered in favor of the manufacturer of a tool used in the servicing of swimming pools. The Court held that defendants, not plaintiff, were entitled to judgment. Wingmaster Plus, Inc. v. Meserlian, No. A-2144-04T3 (App. Div. 2006).

Plaintiff Wingmaster Plus, Inc. had entered into a contract with defendant Technical Products Co. whereby Technical Products became the exclusive distributor of a tool called the "Wingmaster Plus". But WPI soon terminated the contract, leading Technical Products to manufacture and sell its own version of the tool, which it called the "Technical Products Co. Plug Service Tool".

After a jury trial, a Law Division judge entered a $122,966 judgment against Technical Products and its owner and enjoined them from selling not only their competing version of the tool but also three other tools. The Appellate Division reversed, holding that defendants were entitled to judgment on all of WPI's claims - for trademark infringement, counterfeiting and unfair competition under the Lanham Act and for unfair competition under state common law.

Budd Larner became involved in the case after the jury returned its verdict in favor of WPI. The appeal was handled by Donald P. Jacobs, a Budd Larner shareholder.