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A California-based manufacturer

Defense of a California-based manufacturer sued over its use of the trademark “Grout Shield” along with its “Miracle Sealants Company” logo on products sold through Home Depot and other distributors. The New York-based plaintiff asserted claims of trademark and trade dress infringement, false designation of origin and unfair competition under federal and New York law. After a full evidentiary hearing with live testimony, the court issued a 30-page memorandum and order denying every aspect of the relief plaintiff sought. The case then settled favorably.