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HIPSAVER CO., INC. v. J.T. POSEY CO.

Civil Action No. 05-10917-PBS.

490 F.Supp.2d 55 (2007)

The HIPSAVER COMPANY, INC., Plaintiff, v. J.T. POSEY COMPANY, Defendant.

United States District Court, D. Massachusetts.

May 15, 2007.

Attorney(s) appearing for the Case

Aaron V. O'Donnell, Edward Cosmo Ho, Mark T. Palin, Scott K. Dauscher, Atkinson Andelson Loya Ruud & Romo, Cerritos, CA, Edward J. Dailey, Lee C. Bromberg, Peter J. Karol, Courtney M. Quish, Bromberg Sunstein LLP, Boston, MA, for Plaintiff.

Anthony J. Fitzpatrick, Katherine Young Fergus, Daniel B. Winslow, Duane Morris LLP, Boston, MA, Douglas G. Morseburg, Jeffrey G. Sheldon, Shannon S. Sheldon, Sheldon Mak Rose & Anderson PC, Pasadena, CA, for Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

This is the next contentious chapter of a long-running dispute between HipSaver, Inc. ("HipSaver") and J.T. Posey Company ("Posey") over the marketing of hip protectors, padded garments used to prevent hip and femur fractures in the elderly. The parties have each brought accusations of literally false advertising under the Lanham Act, 15 U.S.C. §§ 1117 & 1125; and deceptive business practices under...

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