(“C&D”) and Defendant SPD Swiss Precision Diagnostics, GmbH (“SPD”) are leading manufacturers of home pregnancy tests, and they fiercely compete for market share in this product category. NATHAN, District Judge: Plaintiff Church & Dwight Co, Inc. 397 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Church & Dwight Co., Inc., Plaintiff, 14-CV-585 (AJN) –v– OPINION & ORDER SPD Swiss Precision Diagnostics, GmbH, Defendant. SPD Swiss Precision Diagnostics GMBH Doc. Nathan on ) (kl)Ĭhurch & Dwight Co., Inc. (As further set forth in this Order) (Signed by Judge Alison J. In addition, no later than three weeks from the date of this Opinion and Order, the parties shall also submit a proposal for how to proceed with the damages phase of this case. If the parties are unable to reach an agreement, C&D shall submit a proposed permanent injunction order and the parties shall submit letters no lo nger than three pages in length setting forth their respective positions regarding the wording of the permanent injunction order. In accordance with this Opinion and Order, the parties shall submit a pr oposed permanent injunction order no later than three weeks from the date of this Opinion and Order. Court Description: OPINION & ORDER: For the reasons provided above, the Court concludes that (1) SPD engaged in false advertising in violation of the Lanham Act (2) SPD engaged in intentional deception of an egregious nature (3) C&D is entitled to a permanent in junction (4) SPD engaged in false advertising in violation of New York State law and (5) C&D failed to prove that SPD breached the parties' prior settlement agreement.
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