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Judge Erases Black & Decker $54M Trade Dress Win

Law360, New York (September 12, 2017, 5:10 PM EDT) -- An Illinois federal judge on Monday tossed out a $54 million trade dress infringement verdict won by Black & Decker Corp. against toolmaker Positec USA Inc. over look-alike yellow power tools, saying jurors were unfairly swung by deeply flawed survey evidence.

Black & Decker sued Positec in 2011, claiming the Chinese company's use of yellow and black on a competing line of tools violated the Lanham Act. (AP) Ordering a new trial, U.S. District Judge Robert M. Dow Jr. said the 2015 verdict — that Positec’s...
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