Target Can't Shake Suit For Falsely Marked Pants

Law360, New York (November 30, 2010, 3:45 PM EST) -- A federal judge has refused to dismiss allegations that Target Corp. has marked its children’s training pants with expired patents, stifling competition and deceiving the public.

Judge T. John Ward of the U.S. District Court for the Eastern District of Texas ruled Wednesday that Texas Data Co. LLC’s false marking suit is fit to proceed, rejecting Target’s claim that the complaint deserved to be trashed because it failed to demonstrate deceptive intent.

According to the standards adopted in other false marking suits in the district court,...
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