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Home / Opinion Digests / Civil Practice / Intellectual Property – Unfair Trade Practices – Passing Off – Cheaper Chinese Insulation – Less Effective – Carcinogenic (access required)

Intellectual Property – Unfair Trade Practices – Passing Off – Cheaper Chinese Insulation – Less Effective – Carcinogenic (access required)

Pittsburgh Corning Corp. v. McCormick Insulation Supply, Inc. When plaintiff stopped supplying its Foamglas directly to defendant McCormick Insulation Supply, McCormick not only started buying Foamglas from other sources but also started buying cheaper Chinese cellular glass insulation, which defendant Batts Fabricators mixed it with Foamglas and sold to its customers. The Chinese product is a less effective insulator and contains carcinogens. When defendants finally sent their customers a material safety data sheet, the notice was confusing and could have led the customers to believe Foamglas contained carcinogens.

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