HIPSAVER CO., INC. v. JT Posey Co.

MEMORANDUM AND ORDER

SARIS, District Judge.

This is the next contentious chapter of a long-running dispute between HipSaver, Inc. (“HipSaver”) and J.T. Posey Company (“Posey”) over the marketing of hip protectors, padded garments used to prevent hip and femur fractures in the elderly. The parties have each brought accusations of literally false advertising under the Lan-ham Act, 15 U.S.C. §§ 1117 & 1125, and deceptive business practices under state law. In the first iteration of this lawsuit, in 2004, the parties entered into a settlement agreement to dispose of similar claims. The parties now…