U.S. District Judge Max O. Cogburn Jr. then automatically tripled that award under the state UDTPA to $14.7 million last week. He also tacked on $1.3 million in prejudgment interest, bringing the total judgment to $16 million.
Pool Co. $16M Judgment Bid : Case Background
The case was brought by North Carolina-based Hayward Industries Inc., which also makes and sells its own lines of swimming pool products and replacement parts.
At trial, Hayward told the jury that Blueworks blurred the line between the companies’ products when it came to replacement salt cells for a saltwater pool chlorination system. Hayward said Blueworks was intentionally confusing customers by making it look as if Hayward recommends Blueworks’ products as suitable substitutes, in part by using its trademarks on Amazon product listings.
While the jury found Blueworks and Ningbo liable for false advertising and violations of the state UDTPA, they were ultimately cleared of wrongdoing on Hayward’s claims for trademark infringement.
