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Baden Wins $8M False Advertising Award But Not Fees or Interest

There’s a lot of money in basketballs.

On August 16, a Western District jury found Kabushiki Kaisha Molten and Molten USA, Inc., liable to its competitor, Baden Sports, Inc., for falsely advertising that its new cushioned basketball was “innovative.” It awarded Baden $8,054,579 in damages. STL discussion of the case here, here, and here.


On Sept. 25, Judge Marsha Pechman entered a permanent injunction enjoining Molten from advertising to United States consumers that its “dual cushion” basketballs are “innovative.” The injunction applies to advertising both within the United States and advertising outside of the United States that is directed to U.S. consumers.

Based on the jury’s separate finding that Molten had infringed Baden’s patent, the court also enjoined Molten from continuing to sell or offer to sell its “dual cushion” basketballs. The jury awarded Baden $38,031 on that claim.

The court nonetheless found that the case was not “exceptional” for purposes of awarding attorney’s fees or prejudgment interest under the Lanham Act.

The case cite is Baden Sports, Inc. v. Kabushiki Kaisha Molten, No. 06-210, 2007 WL 2790777 (W.D. Wash.).

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