Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Louisiana-Pacific Corp. v. James Hardie Building Products, Inc.

United States Court of Appeals, Sixth Circuit

June 28, 2019

Louisiana-Pacific Corporation, Plaintiff-Appellant,
v.
James Hardie Building Products, Inc., Defendant-Appellee.

          Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 3:18-cv-00447-Jon Phipps McCalla, District Judge.

         ON BRIEF:

          Samuel F. Miller, Nicholas R. Valenti, A. Grace Van Dyke James, MILLER LEGAL PARTNERS PLLC, Nashville, Tennessee, for Appellant.

          Thomas Anthony Swafford, Rocklan W. King, III, Maia T. Woodhouse, ADAMS AND REESE LLP, Nashville, Tennessee, Tara L. Swafford, THE SWAFFORD LAW FIRM, Franklin, Tennessee, for Appellee.

          Before: COOK, McKEAGUE, and WHITE, Circuit Judges.

          OPINION

          COOK, CIRCUIT JUDGE.

         Can termites, woodpeckers, and other pests damage engineered-wood building siding? According to the district court, maybe. And that "maybe" isn't enough to justify granting Louisiana-Pacific a preliminary injunction to stop its competitor from advertising Louisiana-Pacific's siding as vulnerable to pest damage. Louisiana-Pacific needed to show that it would likely succeed in proving the advertisement unambiguously false under the Lanham Act and the Tennessee Consumer Protection Act. It did not, so we affirm the district court's denial of Louisiana-Pacific's motion.

         I.

         Louisiana-Pacific Corporation and James Hardie Building Products, Incorporated compete for market share in the building siding industry. Louisiana-Pacific produces "engineered-wood" siding-wood treated with zinc borate, a preservative that poisons termites; Hardie sells fiber-cement siding. To demonstrate the superiority of its fiber cement, Hardie initiated an advertising campaign called "No Wood Is Good," proclaiming that customers ought to realize that all wood siding-however "engineered"-is vulnerable to damage by pests. Its marketing materials included (1) digitally-altered images and video of a woodpecker perched in a hole in Louisiana-Pacific's siding; and (2) nearby text boasting both that "Pests Love It," and that engineered wood is "[s]ubject to damage caused by woodpeckers, termites and other pests."

         (Image Omitted)

         The campaign prompted Louisiana-Pacific to sue Hardie, alleging that these ads (and one other) violated federal and state prohibitions on false advertising, and move for a preliminary injunction. The court heard three days of testimony before partially granting and partially denying Louisiana-Pacific's motion. Louisiana-Pacific appealed the adverse rulings.

         II.

         As relevant here, the court determined that Louisiana-Pacific failed to show a strong likelihood of success on the merits of its false advertisement claims and denied the company an injunction. R. 171, PageID 6519-20. We temper our deference to the district court's denying a preliminary injunction by reviewing any legal conclusions made in the process de novo, findings of fact for clear error, and its ultimate decision for abuse of discretion. Hall v. Edgewood Partners Ins. Ctr., Inc., 878 F.3d 524, 527 (6th Cir. 2017).

         Courts reserve the extraordinary remedy of a preliminary injunction for those cases where it is necessary to preserve the status quo pending a final determination of the merits. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). In deciding whether to issue an injunction, a district court weighs four factors: "(1) whether the movant has a strong likelihood of success on the merits; (2) whether the movant would suffer irreparable injury absent the injunction; (3) whether the injunction would cause substantial harm to others; and (4) whether the public interest would be served by the issuance of an injunction." S. Glazer's Distribs. of Ohio, LLC v. Great Lakes Brewing Co., 860 F.3d 844, 849 (6th Cir. 2017) (quotation omitted). As long as a plaintiff demonstrates some likelihood of success on the merits, a court should balance rather than tally these ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.