Non-party video provides plausibility to falsify claim that hose is "tough enough to tow a truck"

Telebrands Corp. v. Ragner Technol. Corp., No. 16-3474 (ES) (MAH), 2019 WL 1468156 (D.N.J. Apr. 3, 2019)“The dispute between these parties spans multiple lawsuits, multiple jurisdictions, and even multiple countries.” Ragner owns patents for expandable hoses.  Telebrands sells expandable hoses and is the exclusive licensee of another patent directed to expandable hose technology.  It filed for declaratory judgmeint that the patents-in-suit are invalid and that Telebrands has not infringed any of them, and Ragner counterclaimed for infringement, unfair competition, and false advertising.Defendants alleged that one video falsely and misleadingly stated that the Telebrands product was “strong enough to pull this 5,000 pound SUV,” while another falsely and misleadingly stated that the product was “tough enough to tow a truck.” Defendants also alleged that Telebrands improperly obtained a Ragner prototype from a third party, and then…

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