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OSMOSE, INC. v. VIANCE, LLC

No. 09-15563.

612 F.3d 1298 (2010)

OSMOSE, INC., Plaintiff-Counter Defendant-Appellee, Timber Products Inspection, Inc., Plaintiff, v. VIANCE, LLC, Rockwood Holdings, Inc., Stephen B. Ainscough, a.k.a. Steve Ainscough, Seifollah E. Ghasemi, a.k.a. Seifi Ghasemi, Christopher R. Shadday, a.k.a. Chris Shadday, Defendants-Counter-Claimants-Appellants, v. Paul Goydan, Cross-Defendant-Counter-Defendant, Stephen C. Reeder, et al., Counter-Defendants.

United States Court of Appeals, Eleventh Circuit.

July 30, 2010.

Attorney(s) appearing for the Case

Courtland L. Reichman, Russell Edward Blythe, Jill Wasserman, King & Spalding, Atlanta, GA, for Defendants-Counter-Claimants-Appellants.

Carl H. Anderson, Jr., Jack N. Sibley, Robert S. Thompson, Warner S. Fox, Hawkins & Parnell, LLP, Atlanta, GA, Anthony Gerard Hopp, Robert L. Shuftan, Wildman, Harrold, Allen & Dixon, LLP, Chicago, IL, Robert B. Gilbreath, Jenkins & Gilchrist, P.C., Dallas, TX, for Plaintiff-Counter Defendant-Appellee.

Before BLACK, HULL and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This appeal concerns a preliminary injunction entered in a false advertising case under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Viance, LLC ("Viance") released several advertising statements expressing serious safety concerns regarding the use of wood treated with Osmose, Inc.'s ("Osmose") copper-based wood preservative called MCQ.1 In response to these...

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