A federal judge in North Carolina denied a plaintiff’s motion for a new trial in an infringement case after a jury awarded the company nearly $5 million on different claim.
Hayward Industries, a New Jersey-based swimming pool equipment manufacturer, sought damages for trademark infringement due to allegedly improper jury instruction during trial. In March, a jury for the U.S. District Court for the Western District of North Carolina returned a $4.9 million verdict in favor of Hayward for misleading advertising by the defendants, BlueWorks Corp., and a group of Chinese-based defendants. However, the jury did not find the defendants infringed upon trademarks for salt chlorinators, labeled “T-cell” products and concluded that BlueWorks proved its use of Hayward’s marks was fair use.