Continental Datalabel Inc. v. Avery Dennison Corporation, et al.
Published: Jan. 12, 2013 | Result Date: Nov. 9, 2012 | Filing Date: Jan. 1, 1900 |Case number: 1:2009-cv-05980 Summary Judgment – Defense
Court
USDC Illinois
Attorneys
Plaintiff
Defendant
Jane Shay Wald
(Irell & Manella LLP)
David A. Schwarz
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
Continental Datalabel Inc. filed a false advertising and tortious interference claim against Avery Dennision Inc. Continental alleged that Avery's packaging claims were false, including "Only Avery label sheets bend to expose the Pop-Up EdgeTM." Continental also claimed that Avery tortiously interfered with its business expectations with two customers based on alleged statements made pertaining to a pending patent application.
Result
The Court granted summary judgment for Avery, finding that there was no evidence of actual consumer confusion or supporting Continental's patent-related claim.
Other Information
Continental filed a Motion To Reconsider, asserting that the Court drew erroneous factual inferences in favor of Avery.
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