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Re: outferbucks post# 269842

Thursday, 12/17/2009 5:18:39 PM

Thursday, December 17, 2009 5:18:39 PM

Post# of 346917
Outfer,
You've got the concept right.......the court says that the case(s) can't be brought again. But that shouldn't be viewed negatively here.
Each case is brought based on a complaint related to a given set of facts. These cases were settled (in court, not out of) as to the complaints brought, hence dismissed with prejudice. Nothing precludes SPNG from bringing a new complaint against Spongables should they re-introduce the name "Spongetech" to their website or use any of the terms that they agreed not to use in the original settlement. The term "with prejudice would have the negative implication that you "sense" if the case had been dismissed by the court after a finding that the facts did not support the complaint.
Same deal with GFGU. They AGREED to settle, so the judge basically said "there's no need to do this again as long as you guys agree on this settlement".

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