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CONFIDENTIAL

Aug. 9, 2001

Construction Law
Unfair Competition
False Advertisement

Confidential

Settlement –  $3,750

Judge

Andria K. Richey

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Peter S. Hwu


Defendant

Howard S. Blumenthal


Facts

From 1998, defendant advertising medium competed with plaintiffÆs advertising medium by competitive yellow
pages businesses. This lawsuit was instituted as a result of claims on the defendantÆs yellow pages of an
audited circulation of 100,000 copies and distribution of over 400,000 copies in the United States with a
guaranteed printing quantity of over 100,800 copies with a money back guarantee. Documents from the
printers revealed less copies were printed than claimed.
The defendant cross-complained contending that plaintiff had engaged in unfair competition and inducing
breach of contract.

Settlement Discussions

The plaintiff demanded attorney fees and costs and injunction concerning the circulation claims in the defendantÆs yellow pages.

Damages

The plaintiff requested an injunction, enjoining the defendant from making false advertising claims.

Other Information

The court entered a permanent injunction barring the defendant from making any untrue or misleading statements in its advertising.


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