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BUILDING MATERIALS CORP. OF AMERICA v. CERTAINTEED CORP.

Civ. No. 99-1806 (WGB).

273 F.Supp.2d 552 (2003)

BUILDING MATERIALS CORPORATION OF AMERICA, d/b/a/ GAF Materials Corporation, Plaintiff, v. CERTAINTEED CORPORATION and Air Vent, Inc., Defendants.

United States District Court, D. New Jersey.

July 17, 2003.

Attorney(s) appearing for the Case

McCarter & English, LLP, by Andrew T. Berry, Esq., Louis Chiafullo, Esq., Newark, NJ, Kenyon & Kenyon, by John Flock, Esq., Mark A. Hannemann, Esq., New York, NY, for Plaintiff.

Robertson, Freilich, Bruno, & Cohen, LLC, by William W. Robertson, Esq., Jeffrey A. Cohen, Esq., Newark, NJ, Debevoise & Plimpton, by Bruce P. Keller, Esq., Michael R. Potenza, Esq., Min Lee, Esq., New York, NY, for Defendants.

OPINION

BASSLER, District Judge.

On this motion to enforce a settlement agreement, the Court must decide whether certain statements posted on a website operated by the defendants constitute a breach of a settlement agreement entered into by the parties in June, 1999. The parties market attic ventilation products, and the agreement prohibits the defendants from making, in words or substance, four specific claims about the plaintiff's attic vent. The...

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