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Handi-Foil Wins Six of Seven Counts in Trademark and False Advertising Lawsuit

ALEXANDRIA, Va., April 9, 2014 /PRNewswire-USNewswire/ -- A Virginia jury returned a verdict in favor of Handi-Foil Corp., a family-owned manufacturer of recyclable aluminum products, on all but one of the counts that proceeded to a week-long trial in a trademark and false advertising dispute with Reynolds Consumer Products, the maker of Reynolds Wrap aluminum foil.

"Handi-Foil is gratified that the jury rejected Reynolds' false advertising claim, finding that Handi-Foil's aluminum roll foil products are in fact of comparable quality and strength to Reynolds Wrap® foil," said Handi-Foil Executive Vice President David Sarnoff.

In its decision on March 28, 2014, the jury determined that Handi-Foil did not infringe or dilute Reynolds' registered trademarks. Importantly, the jury rejected Reynolds' claim for false advertising, which related to Handi-Foil's statements that its aluminum roll foil is comparable or equivalent to Reynolds in quality and strength. The jury also rejected Reynolds' claims for false designation of origin and state law trade dress infringement and unfair competition. The jury found in favor of Reynolds on one count for infringement of the common law trade dress of Reynolds' current package design, but rejected Reynolds' claims for monetary relief. This verdict is inconsistent with the jury's findings that Handi-Foil did not violate Virginia state law on related claims. As a result, Handi-Foil will ask the court to set aside that verdict and will seek a new trial on the claim of trade dress infringement.

"We look forward to post-trial proceedings related to the jury's verdict on the sole count as to which the jury found in Reynolds' favor.  The jury's determination related to federal common law trade dress, in which it found Handi-Foil did infringe, is inconsistent with its determinations that Handi-Foil did not infringe Reynolds' trade dress under Virginia law, and that Handi-Foil did not commit unfair competition under Virginia law," said Handi-Foil's lead counsel, David Callahan

Originally, Reynolds accused five different Handi-Foil package designs of infringing, but two weeks before trial Reynolds submitted a consent-not-to-sue on one of the packages.

At trial, Handi-Foil was represented by Kirkland & Ellis LLP. The case, Reynolds Consumer Products Inc. v. Handi-Foil Corp., is pending in the U.S. District Court for the Eastern District of Virginia.

About Handi-Foil
Handi-Foil® Corp. is a privately owned manufacturer of recyclable aluminum products committed to quality, convenience, innovation and environmental responsibility. The company was a pioneer of the foilware category with 60 years of experience in the industry, and offers a complete line of foil containers and dome lids, along with aluminum roll foil products.

SOURCE Handi-Foil Corp.

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