Last week, the North Carolina judge presiding over swimming pool equipment manufacturer Hayward Industries' false advertising win against Blueworks Corp and its Chinese counterpart Ningbo C.F. agreed to lift a stay, greenlighting Hayward's efforts to collect its $16 million award. Crediting Hayward's concerns that Blueworks and Ningbo would be able to move or hide assets in China, the Court originally stayed collection of the judgement, but issued a temporary restraining order freezing the defendants' assets.Last week, the Court lifted the stay, stating that the rationale for granting TRO applied equally to lifting the collection stay.
Earlier this year, a jury found Blueworks and Ningbo liable for false advertising, but cleared them of Hayward's trademark infringement claims (more info here). The jury awarded $4.9 million in damages, which was trebled under North Carolina's Unfair and Deceptive Trade Practices Act, to $14.7 million before the Court added $1.3 million in prejudgment interest.
The parties are currently in the midst of post-trial briefs, including motions by defendants for judgment as a matter of law and a new trial and a motion from Hayward for $4 million in attorneys fees.
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