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ILLINOIS TOOL WORKS, INC. v. RUST-OLEUM CORP.

No. 19-20210.

955 F.3d 512 (2020)

ILLINOIS TOOL WORKS, INC., Plaintiff-Appellee Cross-Appellant, v. RUST-OLEUM CORPORATION, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 9, 2020.

Attorney(s) appearing for the Case

Bradley Louis Cohn , Kristine Ann Bergman , Attorney, Ashly Iacullo Boesche , Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for Plaintiff-Appellee Cross-Appellant.

Philip A. Jones , Genevieve E. Charlton , Barnes & Thornburg, L.L.P., Chicago, IL, Victor Derrone Vital , Barnes & Thornburg, L.L.P., Dallas, TX, for Defendant-Appellant Cross-Appellee.

Before CLEMENT, HIGGINSON, and ENGELHARDT, Circuit Judges.

This case is about a windshield water-repellant advertisement. Illinois Tool Works, Inc.—maker of Rain-X—sued Rust-Oleum Corp. over a commercial for its competing product, RainBrella. Illinois Tool Works argues that the commercial made three false claims...

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