$54M verdict over color of tools tossed

By Patricia Manson Law Bulletin staff writer

Posted September 15, 2017 2:44 PM

Holding the introduction of a “deeply flawed” consumer survey injected “fundamental unfairness” into the trial, a federal judge threw out a $54 million verdict a jury returned against the sellers of Rockwell power tools.In a written opinion this week, U.S. District Judge Robert M. Dow Jr. ordered a new trial on claims that Positec USA Inc. and RW Direct Inc. infringed both the trademark and the trade dress of tools made by The Black & Decker Corp.Black & Decker and two subsidiaries allege …

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