EASTMAN CHEMICAL CO. v. PLASTIPURE, INC.

No. 13-51087.

775 F.3d 230 (2014)

EASTMAN CHEMICAL COMPANY, Plaintiff-Appellee, v. PLASTIPURE, INCORPORATED; Certichem, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 22, 2014.


Attorney(s) appearing for the Case

Richard Wayne Harrison, Esq. , Kevin W. Brown, Esq. , Fritz, Byrne, Head & Harrison, P.L.L.C., Austin, TX, for Plaintiff-Appellee.

Bryan David Laue , Scott, Douglass & McConnico, L.L.P., Robert Green Hargrove , Hays & Owens, L.L.P., Austin, TX, John Christopher Reynolds, Esq. , Solace Kirkland Southwick, Esq. , Reynolds Frizzell LLP, Houston, TX, for Defendants-Appellants.

Thomas C. Morrison , Manatt, Phelps & Phillips, L.L.P., New York, NY, Benjamin Gross Shatz, Manatt , Phelps & Phillips, L.L.P., Los Angeles, CA, for Amicus Curiae American Chemistry Council and Vinyl Institute.

Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges.


After a jury found that PlastiPure, Inc. and CertiChem, Inc. violated the Lanham Act by making false statements of fact about their competitor's product, the district court entered an injunction against both companies. On appeal, PlastiPure and CertiChem challenge the jury verdict and the injunction on various...

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