JULY NEWSLETTER

FG&I Achieves Quick Win For Procter & Gamble in Patent Infringement Injunction Case. On May 17, 2001, FG&I filed suit on behalf of its client, The Procter & Gamble Company ("P&G") in U. S. District Court in Cincinnati to enjoin infringement of P&G's rights involving its popular battery-powered electric toothbrush product, the Crest SpinBrush. Working closely with P&G were FG&I attorneys Charlie Faruki, Jeff Cox, Tom Kraemer, Don Burton, Andy Gottman, and Jeff Sharkey. The action was prepared and filed in only a few days; along with the complaint the firm filed a motion for expedited discovery, intending to pursue preliminary injunctive relief. P&G resolved the litigation with HoMedics-U.S.A., Inc. with HoMedics agreeing not to sell its product using the alleged infringing packaging. P&G officials were pleased that the suit was able to be settled without further court action. Jennifer Dauer, General Manager - North America Oral Care at P&G, said: "This settlement marks another win for our consumers." P&G dismissed the case on May 31, 2001.

FG&I Wins Sixth Circuit Appeal. On June 20, 2001, United States Court of Appeals for the Sixth Circuit affirmed the decision of the U. S. District Court for the Southern District of Ohio in favor of FG&I's client, The Iams Company, in litigation arising from Iams's enforcement of its distributorship agreement. Jeff Ireland argued the case to the Sixth Circuit; he was assisted on the brief by partner Mary Wiseman and associate Lisa Parilo. The decision in Case No. 00-3243, Watkins & Son Pet Supplies v. The Iams Company, has been recommended for full text publication and is available at the Sixth Circuit's web site at CA6.uscourts.gov.

Originally filed by a former distributor of Iams's products in U. S. District Court in Detroit, the case was transferred to the District Court in Dayton, which granted summary judgment in favor of Iams on the choice of law issue, and on a variety of contract and tort claims, as well as on alleged violations of the Clayton Act antitrust statute, 15 U.S.C. § 14. The Sixth Circuit used this case to make new law; namely, that under Ohio's adaptation of the Uniform Commercial Code, distributorship contracts are sales contracts -- a question which the Sixth Circuit said was an issue of first impression.

FG&I has represented Iams, a subsidiary of The Procter & Gamble Company, in a variety of trade regulation matters for several years. Jeff Ireland, a member of the Board of Governors of the Antitrust Section of the Ohio State Bar Association, focuses his practice on trade regulation matters, including antitrust and intellectual property cases. Ms. Wiseman and Ms. Parilo have considerable experience in antitrust and trade regulation matters.

FG&I Posts Another Win in Internet-Related Litigation. In June, Chief Judge Walter H. Rice entered a preliminary injunction, following arguments by the parties' counsel over the scope and form of the injunction, in an action brought by some of the firm's clients (affiliated companies) against a competitor, in the U.S. District Court for the Southern District of Ohio. The claims in the complaint include trademark infringement, false advertising, trademark dilution, unfair competition, and breach of contract. The injunction obtained by the firm on behalf of its clients orders the defendant to take a number of steps, and not to do a number of actions. Among other orders, the defendant is ordered to remove all links from its browser to any of the plaintiffs' websites; is enjoined from removing from any of the plaintiffs' web pages any content of any type; and is prohibited from advertising, promoting, distributing through e-mail or its website or any other manner, any statement or representing in any way, that the firm's clients (the plaintiffs) are affiliated with or sponsor the defendant, its products or services. The defendant is also ordered to file an affidavit by its president affirming that the company has complied with the requirements of the injunction. FG&I attorneys Charlie Faruki, Tom Kraemer, and Don Burton are handling the case.

Summer Clerks Busy at FG&I. FG&I is enjoying its largest class of summer law clerks since the firm's founding in 1989. Joining Jennifer Porter (University of Cincinnati) who is in her second summer with FG&I, and who will join the firm as a new associate following her December, 2001 graduation, are: Janice Baker (University of Dayton School of Law ("UDSL"), Class of 2003); Eli Kiefaber (Marquette University Law School, Class of 2002); Carlotta King (Harvard Law School, Class of 2003); Lucio Montes (UDSL, Class of 2002); and Amy Mosel (UDSL, Class of 2002).