5th Circ. Nixes Rain-X's $720K Award In False Ad Fight
By Cara Salvatore (April 10, 2020, 7:21 PM EDT) -- The Fifth Circuit has vacated a $722,000 false-advertising judgment for the maker of Rain-X against a competitor, saying Thursday that many parts were "legally unsupportable."
The appeals court shot down the $722,000 October 2018 judgment — which was reduced from a $1.3 million July 2018 verdict — in favor of Rain-X maker Illinois Tool Works Inc. and against Rainbrella maker Rust-Oleum Corp. over the latter's advertising claim that Rainbrella lasts through 100 car washes. The award to ITW included part of Rust-Oleum's profits as well as money for corrective advertising.
First, the appeals court said ITW hadn't justified it was entitled to the profits Rust-Oleum...
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