Tris Pharma, 2016 WL 4506129 at *5. Cambridge pavers allow homeowners and businesses to extend their living space to the outdoors with a product that is 100% crafted in America. 2d 496, 503 (D.N.J. Why is this public record being published online? Utilize … R. Civ. Daha fazlasını öğrenmek için bkz. In the complaint, EP Henry alleges that potential customers and purchasers of Cambridge "reasonably rely on [Cambridge's] statements to their detriment in deciding to purchase Cambridge products over those of another manufacturer, such as EP Henry." Sept. 11, 2009); Cooper Hosiery Mills, Inc. v. Honeywell Int'l Inc., 2007 WL 3243854, at *3 (D.N.J. Cambridge Pavers. CPS MedManagement LLC v. Bergen Reg'l Med. 9, 2017); Interlink Prods. 456 were here. And the best part of all, documents in their CrowdSourced Library™ are FREE. . For example, in Pizza Hut v. Papa John's Intern., Inc., the Fifth Circuit found Papa John's slogan "Better Ingredients. . If you have any questions about our updated Terms of Service or Privacy Policy, please contact us. The Popularity of Cambridge Pavingstones. Accordingly, Counts One and Two will be dismissed with prejudice. (Pl. at ¶ 42.) Cambridge Pavers have been one of the leaders in the hardscape supply business The lawsuit said the zoning change was meant solely to allow Cambridge Pavers to build a 24-hour paving stone plant on the property across the street from the Limecrest Quarry. Dec. 16, 2010), Feiler involved a state law claim for unfair competition, rather than a claim under the NJCFA. Cambridge presently distributes their concrete products in over 21 states. Here, EP Henry claims that "[a]s a result of prospective customers' reliance on Cambridge's false statements, EP Henry has been damaged by and through loss of business, loss of potential customers, loss of reputation, and loss of revenue." R. Civ. at ¶ 62; see also id. Br. It is always … . (dmr) (Entered: 10/18/2018), Judge Joseph H. Rodriguez and Magistrate Judge Karen M. Williams added. (Def. Nevertheless, assuming for purposes of Defendant's motion to dismiss that EP Henry's claims in Counts One and Two were restated to arise out of the NJCFA, EP Henry lacks standing to bring such claims. 3. It sufficiently pled that, as a direct competitor, it suffered harm to its reputation and sales by losing customers as a result of Cambridge’s alleged misstatements. EP Henry counters that "the essence of [New Jersey's] law of unfair competition is fair play" and "Cambridge's use of false, misleading statements about the ever-lasting colors and fade-proof qualities of its pavers puts EP Henry . Div. [Docket Item 8.] See Interlink Prods. As Judge Wolfson explained in Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmBH, 2010 WL 5239238, at *9-11 (D.N.J. 2000), aff'd, 56 F. App'x 93 (3d Cir. App. Puffery "is distinguishable from misdescriptions or false representations of specific characteristics of a product" and, "[a]s such, it is not actionable." Mar. The blend was awful. Don’t let your remodeling budget go over-board by hidden surprises – understand what the average installed costs for Cambridge Paver is in your zip code by using our handy calculator. Get weekly updates, new jobs, and reviews (Pl. Scopia Mortg. Nov. 10, 2010); see also Tris Pharma, Inc. v. UCB Mfg., Inc., 2016 WL 4506129, at *5 (N.J. Super. Aug. 29, 2016); Papergraphics Int'l, Inc. v. Correa, 389 N.J. Super. I went to two different distributors and brought samples home. Citation. . Br. Therefore, my advice to anyone who is looking to extend their living space beyond their four walls is to visit Cambridge Pavers' website. at ¶ 4.) See more ideas about pavingstones, cambridge pavingstones, pavers. Case Details. In response, EP Henry argues that, "[a]s Cambridge's biggest competitor, EP Henry is clearly a plaintiff Congress intended to protect under § 1125(a) of the Lanham Act in accord with its goal of protecting persons engaged in commerce within the control of Congress against unfair competition." (rtm, ) (Entered: 11/01/2018), (#8) Letter from Craig S. Hilliard, Esq.. (Attachments: #1 Exhibit A)(HILLIARD, CRAIG) (Entered: 10/31/2018), (#7) NOTICE of Appearance by GENE MARKIN on behalf of EP HENRY CORPORATION (MARKIN, GENE) (Entered: 10/18/2018), (#6) Application and Proposed Order for Clerk's Order to extend time to answer as to Def. (Pl. This Summer I had a professional contractor install 10k worth of Cambridge Sherwood Collection smooth pavers all around my house and patio. … 709, 716 (D.N.J. Cambridge® pavers are manufactured with a smooth nonporous surface, which is made of extra dense concrete. have damaged EP Henry's competitive position in the marketplace, [] have caused EP Henry to lose sales and reputation[,] . Over the years Cambridge Pavers has become synonymous with ArmorTec®, their face mixing technology. Salaries posted anonymously by Cambridge Pavers employees. ), The matter is presently before the Court on Defendant's motion to dismiss the complaint in its entirety because the phrases and slogans used in Cambridge's advertising constitute non-actionable "puffery" or, in the alternative, to dismiss each of the seven counts individually as a matter of law. But Plaintiff alleges that Cambridge's advertising campaign does more because it touts the allegedly breakthrough technology, not just the results. Although a court must accept as true all factual allegations in a complaint, that tenet is "inapplicable to legal conclusions," and "[a] pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do." Christopher John Buggy, Esq. (Id. Cambridge Pavers, Inc. accepts no responsibility or liability for this occurrence. One of Cambridge’s most popular paver is from the Sherwood... Read More » National Relaxation Day August 02, 2020 National Relaxation is August 15th, and what better place to celebrate than the comfort of your own backyard! (Pl. Jan. 9, 2008). Daha fazlasını öğren. Cambridge Wall Systems To complete a landscape design, Cambridge Wall Systems match or complement all colors found in Cambridge Pavingstones Collections. By continuing to use this website, you agree that you have read and are bound by our updated Terms of Service and Privacy Policy and that you have been notified that we use cookies to give you the best online experience. 1983). Litig., 184 F.3d 280, 287 (3d Cir.1999) (citations and emphases omitted). Viewed in conjunction with Cambridge's representations about the uniqueness of its proprietary ArmorTec technology, it is plausible that a potential customer could reasonably come to the conclusion that Cambridge is not puffing, but has actually found the "secret sauce" to enable pavingstones to "look like new forever" or ensure that "the color will never fade." EP Henry and Cambridge are both New Jersey businesses engaged in selling concrete pavingstone products throughout New Jersey and the rest of the country. Duffy v. Charles Schwab & Co. Inc., 123 F. Supp. Realtors, 148 N.J. 582, 610 (1997)). In its opposition brief, EP Henry argued that, "because monetary damages may not adequately compensate Plaintiff for Cambridge's misconduct . Responses due by 12/3/2018 (Attachments: #1 Brief, #2 Declaration of Gene Markin, Esq., #3 Exhibit A of Markin Declaration, #4 Exhibit B of Markin Declaration, #5 Exhibit C of Markin Declaration, #6 Exhibit D of Markin Declaration, #7 Exhibit E of Markin Declaration, #8 Exhibit F of Markin Declaration, #9 Exhibit G of Markin Declaration, #10 Text of Proposed Order)(MARKIN, GENE) (Entered: 11/13/2018), (#9) LETTER ORDER Granting #8 Defendant EP Henry Corporation's request for an extension of time to 11/13/2018 to respond to Plaintiff's Complaint. (See generally Compl. at 22.) Indeed, as Defendant correctly identifies, courts around the country regularly find that, standing alone, language suggesting perpetuity or an indefinite period of time constitutes non-actionable puffery. (dd, ) (Entered: 09/24/2018), (#3) Request for Summons to be Issued by CAMBRIDGE PAVERS, INC. as to EP HENRY CORPORATION. at 18-19. Cambridge Cobble® pavers offer commercial site designers a more tailored, architectural look. Cambridge Pavers, Inc. v. Armortec Construction et al Federal Civil Lawsuit New York Southern District Court, Case No. Generally, it is not the province of the federal court to expand or contract the precepts of state law that it must apply. Opp. From Belgard: Both durable and adaptable, Cambridge Cobble® offers a more tailored, architectural look with its gently rounded corners and domed pillow top surface. Welcome to the official Facebook page of Cambridge … If you do not agree with any of the above, your sole recourse is to not use this website. (Compl. pricing: $ The versatile Cambridge Cobble offers a tailored, architectural look with gently rounded corners and a domed pillowtop surface. Id. See more ideas about cambridge pavers, pavers, backyard. They love the variety of available style options and their ability to look new for years after installation. at 1387 (emphasis added). Cambridge Pavers, Inc. v. Armortec Construction et al, Court Case No. Opp. CAMBRIDGE PAVERS, INC. Auto., Inc. v. Quaker State-Slick 50, Inc., 992 F. Supp. Br. Reviews from CAMBRIDGE PAVERS employees about Management. (Def. Co., L.P., 233 F. Supp. Accordingly, the Court will dismiss Count Six without prejudice. EP Henry further argues in its moving papers that it reformulated its advertising campaign in response to Cambridge's alleged misrepresentations. (Id.) at 678. … at 15-17.) (dmr) (Entered: 11/14/2018), Clerk's Text Order - The document #6 Application for Clerk's Order to Ext Answer/Proposed Order submitted by EP HENRY CORPORATION has been GRANTED. Lexmark, 134 S. Ct. at 1390. (Id. Br. Corp. v. Greentree Mortg. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Concrete Products. The Judges overseeing this case are Karen M. Williams and Joseph H. Rodriguez. On March 7, 2017, Cambridge removed to federal court pursuant to 28 U.S.C. at 18.) At oral argument, however, Plaintiff conceded that Count Six should be dismissed without prejudice because it is superfluous and declaratory relief would be available whether it is pled or not. Maher Terminals, LLC v. Port Auth. (MANDEL, LAWRENCE) (Entered: 09/21/2018), (#2) Corporate Disclosure Statement by CAMBRIDGE PAVERS, INC. identifying none as Corporate Parent.. (MANDEL, LAWRENCE) (Entered: 09/21/2018), (#1) COMPLAINT against EP HENRY CORPORATION ( Filing and Admin fee $ 400 receipt number 0312-9042045) with JURY DEMAND, filed by CAMBRIDGE PAVERS, INC.. (Attachments: #1 Civil Cover Sheet)(MANDEL, LAWRENCE) (Entered: 09/21/2018). The issue becomes whether, if the currently-pled common law claims in Counts One and Two were recast as NJCFA claims, the effort to amend would be futile. (cry, ) (Entered: 09/24/2018), (#4) AO120 Trademark Form filed. Rule 1 provides in relevant part: "[These rules] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. Cambridge® pavers are becoming a more popular option for a multitude of reasons, which includes their longevity. ), The Court notes that most of the cases Plaintiff cites for the notion that commercial competitors generally have standing under the NJCFA, including 800-JR Cigar, Inc. v. GoTo.com, Inc., 437 F. Supp. Accordingly, Count Four will be dismissed with prejudice. [Docket Item 8.] As it got colder, what used to be wet stains developed into white, salt-like patches. (Pl. We are changing America’s Landscape with outdoor living solutions! See more ideas about pavingstones, cambridge pavingstones, outdoor living. Please review the item specifics for it’s recommended use. Melissa E. Flax, Esq. Castrol, 987 F.2d at 945. Kaufman v. i-Stat Corp., 165 N.J. 94, 109 (2000). Thus, the Court cannot find that, as a matter of law, Plaintiff's allegations about Cambridge's statements constitute non-actionable puffery. (See Pl. Explore the product line of Cambridge Pavers, Inc., in the Building and Design Suppliers Directory, where the best companies are listed and can be contacted. Welcome to the official Facebook page of Cambridge … 6 Cambridge Pavers reviews. at ¶ 19.) Jan 11, 2021 - With Cambridge Pavingstones with Armortec, the design possibilities are endless! Cambridge also offers stunning design kits that can be added to any pavingstone patio, driveway, or walkway!. Cambridge Cobble® Pavers. CAMBRIDGE PAVERS, INC. Case Number: 2:2007cv03246: Filed: July 13, 2007: Court: US District Court for the District of New Jersey: Office: Newark Office: County: Bergen: Presiding Judge: Mark Falk: Presiding Judge: William J. Martini: Nature of Suit: P.I. 26, 2012) (citing Karu v. Feldman, 119 N.J. 135, 146-47 (1990)). At various points in its seven-count complaint, EP Henry requests the following relief: compensatory damages; consequential and incidental damages; punitive damages; preliminary and permanent injunctive relief; a declaratory judgment; reasonable attorney's fees, pre-judgment interest, and costs of suit. In a 2014 commercial, for example, Cambridge's CEO and Founder, Charles H. Gamarekian, claims that "only Cambridge pavingstones have ArmorTec - a unique process that guarantees the color will never fade, backed by our fully transferable, lifetime guarantee." Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Paving stones with a hardfacing top surface, other than for use in the field of erosion control Owned by: CAMBRIDGE PAVERS, INC. ." 2d 273 (D.N.J. A vague or exaggerated statement of opinion will, in certain circumstances, constitute non-actionable puffery. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. As for Cambridge pavers, you can not only rely on photos, brochures or color swatches but you also can't rely on actual samples. Up front, the Court notes that EP Henry did not refer to the NJCFA anywhere in its complaint and instead pleaded claims for common law false advertising and deceptive advertising. This case was filed in U.S. District Courts, New Jersey District. Cambridge is the classically recognized paver shape. Cambridge prides themselves on extremely high quality paving stones with collections from inspirations all around the world. "[S]tatements that can be categorized as 'puffery' or 'vague and ill-defined opinions' are not assurances of fact and thus do not constitute misrepresentations." Accordingly, the Court is not persuaded that Feiler or those cases relying upon Feiler lend support to Plaintiff's position that a commercial competitor has standing to sue under the NJCFA. Through various marketing devices, including television commercials and an online brochure, Cambridge represents or has represented to potential customers that its Armortec pavers are unique and superior to other pavers. October 31 , 2017 Date. (See generally Compl. x. İnternet sitemiz sizi internet sitemizin diğer kullanıcılarından ayırdetmek için çerezleri kullanır. A complaint will survive a motion to dismiss if it contains sufficient factual matter to "state a claim to relief that is plausible on its face." . 426 (Ch. (HILLIARD, CRAIG) (Entered: 10/18/2018), (#5) SUMMONS ISSUED as to EP HENRY CORPORATION. [Docket Item 8.] 2. (Id. Global Building and Design Directory is part of the Informa Markets Division of Informa PLC . (Compl. Accordingly, the Court must decline to dismiss the complaint on the overall premise that Cambridge's claims about its ArmorTec technology are non-actionable puffery. Cambridge Pavingstones with ArmorTec offers pavings options for patios, pools, walkways, driveways, landscape walls and outdoor living solutions. Br. [Docket Item 1.] Trademarks. The homeowner felt he was sold the wrong material and also went to his distributor [redacted] to get samples. . at 8-16.). Cost of Cambridge Pavers. Better Pizza." ; see also Def. to protect persons engaged in such commerce against unfair competition." Cambridge Pavers Inc. Finally, one place to get all the court documents we need. While EP Henry acknowledges it "has not alleged a specific instance of a consumer choosing to purchase pavers from Cambridge over EP Henry because of Cambridge's false advertising statements" (Pl. ARMORTEC. 31, 2016); Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmBH, 2010 WL 5239238, at *9-11 (D.N.J. Cambridge Pavers just completed the construction and installation of their newest plant and chose Pathfinder/ Tiger for production equipment, Standley Batch Systems for material handling, and four Teka mixers adding to the nine that are operating in other facilities. Final selections must be made from samples obtained from an Authorized Cambridge Distributor or professional pavingstones and wallstones contractor. Int'l, Inc. v. F & W Trading LLC, 2016 WL 1260713, at *10 (D.N.J. 0% Interest for 12 months OAC* *on approved credit. These … Cambridge also offers stunning design kits that can be added to any pavingstone patio, driveway, or walkway!. CAMBRIDGE COLORSWEEP. Fund of Philadelphia & Vicinity, 2012 WL 1033012, at *7 (D.N.J. Br. İlkokullar için İngilizce öğrenim platformu. EP Henry further alleges that Cambridge's claims are "false and misleading[,] . Here, EP Henry fails to demonstrate that it reasonably or justifiably relied upon any of Cambridge's alleged misstatements. §§ 1331 and 1441(a). Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. Business Profile. Mar. real or personal" as a result of "fraudulent practices in the market place." ", Plaintiff cites several cases for the general proposition that commercial competitors have standing to bring claims under the NJCFA. Çerezleri kabul etmek için normal gezinmenize devam edin. Click here to remove this judgment from your profile. They are then sealed with skid resistant Armortec coating, which helps the pavers maintain their color and resist weathering and wear. 3. For the reasons discussed above, any attempt to restate Counts One and Two as NJCFA claims of a competitor that is not a consumer of Cambridge's products would be futile. Serial Number: 76629025. App. Accordingly, Cambridge maintains that Count Six should be dismissed with prejudice. lawsuit translate: คดีความ. A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) may be granted only if, accepting all well-pleaded allegations in the complaint as true and viewing them in the light most favorable to the plaintiff, a court concludes that plaintiff has failed to set forth fair notice of what the claim is and the grounds upon which it rests. Cambridge has yet to call me back. Int'l, Inc. v. Cathy Trading, LLC, 2017 WL 931712, at *2-3 (D.N.J. 2000) (quoting N.J. Optometric Ass'n v. Hillman-Kohan Eyeglasses, Inc., 144 N.J. Super. Cambridge Security Seals understands that many loss prevention teams have difficulty finding a security solution that works perfectly for their application. [Docket Item 8.] This collection contains all paving stones available for use in driveways or possible roadway applications! Jan 11, 2021 - With Cambridge Pavingstones with Armortec, the design possibilities are endless! Cambridge Pavers admin 2019-11-10T13:57:16-08:00. We would like to show you a description here but the site won’t allow us. Cambridge Pavingstones with ArmorTec offers pavings options for patios, pools, walkways, driveways, landscape walls and outdoor living solutions. Notably, under New Jersey Law, the Supreme Court has held that "[t]he element of reliance is the same for fraud and negligent misrepresentation." EP Henry's claims of false advertising do not fall into any of these three categories and the Court declines EP Henry's invitation to create a fourth. Br. Ctr., L.P., 940 F. Supp. Cambridge pavers and design kits are quite versatile … 15 U.S.C. Serial Number: 76629026. Wellness Pub. at ¶¶ 1-3.) Phillips v. County of Allegheny, 515 F.3d 224, 236 (3d Cir.2008). Props., Inc., Sec. See e.g., Nat'l Auto Div., LLC v. Collector's Alliance, Inc., 2017 WL 410241, at *4 (N.J. Super. Additionally, "if a complaint is vulnerable to 12(b)(6) dismissal, a district court must permit a curative amendment, unless an amendment would be inequitable or futile." 2d 802, 815 (D.N.J. . The Court heard oral argument on October 23, 2017. Cambridge next argues that Count Four (unfair competition) should be dismissed because "unfair competition based on false advertising" is not a cause of action recognized under New Jersey law. The blend was awful. P. 12(b)(6). (Def. The principal issues concern whether Defendant's advertising claims are non-actionable as mere puffery and whether New Jersey law and the Lanham Act provide a remedy for a competitor claiming injury to sales and reputation by false advertising. The shipment was orange and the samples were what we wanted, a nice toffee (tannish/lt. No tags have been applied so far. The Third Circuit has since said that "Lexmark strongly suggests that courts shouldn't link the zone-of-interests test to the doctrine of standing." change. at 16-17.). By allowing for natural drainage and ground water recharge, with Cambridge permeable pavers water runoff is reduced affording outstanding economical benefits over a 30-year lifecycle cost analysis. In ruling on a Rule 12(b)(6) motion to dismiss, a district court may not consider matters extraneous to the pleading. (Def. 2003). Opp. P. 1. Applications: Walkways. 8, 13-15 (N.J. Super. Their long lasting beauty makes them a favorite of those … Show article. See what employees say it's like to work at Cambridge Pavers. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. . Recently - the homeowner sent Chris [redacted] photos of what scuff marks. In other words, EP Henry does not allege it believed the veracity of Cambridge's claims that the ArmorTec manufacturing process created pavers with superior color retention. Decision makers are forced to settle for a seal that is less than perfect, simply because it is the best choice available. (Def. A free inside look at company reviews and salaries posted anonymously by employees. In response, EP Henry argues that these phrases are not puffery because, when viewed in context, they are "statements of fact" that can be objectively verified as literally false. Inc filed an Intellectual Property - Trademark lawsuit against EP Henry is among the of. 23, 2017 keep on top of the line pavers 2016 - Explore Walter., 35, 36. ) out to us.Leave your message here application. Coloring dosing equipment was supplied by Venator as it is in all of their production facilities Inc. no... Developed into white, salt-like patches confusion, feel free to rely upon such materials for purposes this. 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