Hayward, which also manufactures swimming pool products, accused Blueworks of blurring the line between their products in replacement salt cells for a saltwater pool chlorination system. Hayward claimed Blueworks intentionally confused customers by making it appear that Hayward recommended Blueworks’ products as substitutes, partly by using its trademarks on Amazon listings.
While the jury found Blueworks and Ningbo liable for false advertising and UDTPA violations, they were cleared of trademark infringement claims.
Request for Stay and Bankruptcy Proceedings
At the end of May, Blueworks urged Judge Cogburn to stay execution of the judgment while it appeals the verdict, stating that the business wouldn’t survive if forced to pay the full $16 million. Bowers reiterated this sentiment in Tuesday’s affidavit, highlighting the mounting legal and professional fees from battling Hayward’s lawsuit. He noted that Blueworks had also fallen behind on inventory payments to Ningbo and struggled to pay its lone employee.
