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[STK]
[IN] ADV HOU
[SU] LAW ATY AVO
TO BUSINESS, LEGAL AFFAIRS, AND NATIONAL EDITORS:
Handi-Foil Wins Six of Seven Counts in Trademark and False Advertising
Lawsuit
ALEXANDRIA, Va., April 9, 2014 /PRNewswire-USNewswire/ -- A Virginia
jury returned a verdict in favor of Handi-Foil Corp., a family-owned
manufacturer of recyclable aluminum products, on all but one of the
counts that proceeded to a week-long trial in a trademark and false
advertising dispute with Reynolds Consumer Products, the maker of
Reynolds Wrap aluminum foil.
"Handi-Foil is gratified that the jury rejected Reynolds' false
advertising claim, finding that Handi-Foil's aluminum roll foil
products are in fact of comparable quality and strength to Reynolds
Wrap@ foil," said Handi-Foil Executive Vice President David Sarnoff.
In its decision on March 28, 2014, the jury determined that Handi-Foil
did not infringe or dilute Reynolds' registered trademarks.
Importantly, the jury rejected Reynolds' claim for false advertising,
which related to Handi-Foil's statements that its aluminum roll foil
is comparable or equivalent to Reynolds in quality and strength. The
jury also rejected Reynolds' claims for false designation of origin
and state law trade dress infringement and unfair competition. The
jury found in favor of Reynolds on one count for infringement of the
common law trade dress of Reynolds' current package design, but
rejected Reynolds' claims for monetary relief. This verdict is
inconsistent with the jury's findings that Handi-Foil did not violate
Virginia state law on related claims. As a result, Handi-Foil will ask
the court to set aside that verdict and will seek a new trial on the
claim of trade dress infringement.
"We look forward to post-trial proceedings related to the jury's
verdict on the sole count as to which the jury found in Reynolds'
favor. The jury's determination related to federal common law trade
dress, in which it found Handi-Foil did infringe, is inconsistent with
its determinations that Handi-Foil did not infringe Reynolds' trade
dress under Virginia law, and that Handi-Foil did not commit unfair
competition under Virginia law," said Handi-Foil's lead counsel, David
Callahan.
Originally, Reynolds accused five different Handi-Foil package designs
of infringing, but two weeks before trial Reynolds submitted a
consent-not-to-sue on one of the packages.
At trial, Handi-Foil was represented by Kirkland & Ellis LLP. The
case, Reynolds Consumer Products Inc. v. Handi-Foil Corp., is pending
in the U.S. District Court for the Eastern District of Virginia.
About Handi-Foil Handi-Foil@ Corp. is a privately owned manufacturer
of recyclable aluminum products committed to quality, convenience,
innovation and environmental responsibility. The company was a pioneer
of the foilware category with 60 years of experience in the industry,
and offers a complete line of foil containers and dome lids, along
with aluminum roll foil products.
SOURCE Handi-Foil Corp.
-0- 04/09/2014
/CONTACT: Pete Perkins, Handi-Foil Corporation, 847-520-1000
CO: Handi-Foil Corp.
ST: Virginia
IN: ADV HOU
SU: LAW ATY AVO
PRN
-- DC02373 --
0000 04/09/2014 23:23:00 EDT http://www.prnewswire.com
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