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California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair Competition
California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair
Competition
On April 30, 2002, a federal jury in San Jose, California, awarded Ferguson
Safety Products (FSP)--a small Santa Cruz based manufacturer of jail and
prison supplies--$2,250,000 against Defendant Bob Barker Company (BBC)--a
North Carolina prison catalog supply company--for stealing FSP's product ideas.
FSP claimed that between 1997 and 2000, BBC requested product samples,
design specifications and other information, promising to place the
products in its catalog. BBC then produced "knock off" versions of FSP's
products--specifically, an anti-suicide blanket and an anti-suicide
smock--and placed them for sale in its catalog.
FSP sued alleging that BBC committed fraud and subjected it to unfair
competition. FSP sought approximately $1.8 million in lost profits.
BBC defended claiming that it properly considered FSP's products but
concluded they were too expensive and decided to independently produce its
own products.
The eight-member jury found in favor of FSP and awarded the company
$1,750,000 for past and future economic damages and $500,000 in punitive
damages.
FSP was represented by Mark D. Baute and David P. Crochetiere of the Los
Angeles firm Lamb & Baute. See: Ferguson Safety Products v. Bob Barker
Company, Inc., USDC ND CA, Case No. C00-21179JW ARB.
Competition
On April 30, 2002, a federal jury in San Jose, California, awarded Ferguson
Safety Products (FSP)--a small Santa Cruz based manufacturer of jail and
prison supplies--$2,250,000 against Defendant Bob Barker Company (BBC)--a
North Carolina prison catalog supply company--for stealing FSP's product ideas.
FSP claimed that between 1997 and 2000, BBC requested product samples,
design specifications and other information, promising to place the
products in its catalog. BBC then produced "knock off" versions of FSP's
products--specifically, an anti-suicide blanket and an anti-suicide
smock--and placed them for sale in its catalog.
FSP sued alleging that BBC committed fraud and subjected it to unfair
competition. FSP sought approximately $1.8 million in lost profits.
BBC defended claiming that it properly considered FSP's products but
concluded they were too expensive and decided to independently produce its
own products.
The eight-member jury found in favor of FSP and awarded the company
$1,750,000 for past and future economic damages and $500,000 in punitive
damages.
FSP was represented by Mark D. Baute and David P. Crochetiere of the Los
Angeles firm Lamb & Baute. See: Ferguson Safety Products v. Bob Barker
Company, Inc., USDC ND CA, Case No. C00-21179JW ARB.
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Related legal case
Ferguson Safety Products v. Bob Barker Company, In
| Year | 2002 |
|---|---|
| Cite | USDC ND CA, Case No. C00-21179JW ARB. |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 2,250,000.00 |
| Injunction Status | N/A |
.