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BUILDING MATERIALS CORPORATION OF AMERICA v. CERTAINTEED CORP.

United States District Court, District of New Jersey


July 17, 2003

BUILDING MATERIALS CORPORATION OF AMERICA, D/B/A/ GAF MATERIALS CORPORATION, PLAINTIFF,
v.
CERTAINTEED CORPORATION AND AIR VENT, INC., DEFENDANTS.

The opinion of the court was delivered by: William Bassler, District Judge

AMENDED ORDER
This matter having come before the Court on the motion of plaintiff BUILDING MATERIALS CORPORATION OF AMERICA, d/b/a/ GAF MATERIALS CORPORATION to enforce the Settlement Agreement; and

The Court having considered the submissions of the parties and having held oral argument on March 27, 2003; and

For the reasons set forth in the Opinion issued April 1, 2003; and

The Court having concluded that the following statements, as used on the Air Vent webpage challenged on this motion, claim in substance that Cobra® ridge vent "simply doesn't work" in violation of Settlement Agreement ¶ 1(c):

1)"No airflow could be measured at any wind speeds for Roll Vent, Coravent, Cobra® Vent or Vent Sure."
2)"The most significant predictor of ridge vent performance was the external baffle."
3)"Ridge vents without external baffles were unable to create airflow from the attic exhausting through the ridge vent."; and
The Court also having concluded that the following statement, as used on the Air Vent webpage challenged on this motion, claims in substance that Cobra® ridge vent "allows rain to leak into an attic" in violation of Settlement Agreement ¶ 1(b):

4)"Furthermore, this reading actually increased as winds increased. Therefore, as winds increase, more air and (potentially) rain and snow can be ingested into the attic.";

and

CertainTeed Corporation having subsequently sold Air Vent, Inc. to Gibraltar Steel Corporation; and

Good cause having been shown;

It is ORDERED that plaintiff's motion to enforce the settlement agreement is granted; and

IT IS FURTHER ORDERED that GIBRALTAR STEEL CORPORATION, its predecessor in interest CERTAINTEED CORPORATION and AIR VENT, INC., and all others acting in concert with them, shall modify or remove forthwith the statements adjudged violative of the Settlement Agreement so that the statements no longer make any of the four claims proscribed by that Agreement; and

IT IS FURTHER ORDERED that GIBRALTAR STEEL CORPORATION, its predecessor in interest CERTAINTEED CORPORATION and AIR VENT, INC., and all others acting in concert with them, shall not, in future marketing communications, written or oral, make the following claims, whether in words or substance, as the Settlement Agreement requires:

a) Cobra® ridge vent "is not a vent at all, but really an air-trapping `blanket'."
b) Cobra® ridge vent "allows rain to leak into an attic."
c) Cobra® ridge vent "simply doesn't work."

d) Cobra® ridge vent was never "properly tested."

20030717

© 1992-2003 VersusLaw Inc.



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