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Another Legal Victory for Micronized Copper Wood Preservatives

Posted 9 October 2009 6:57 PM by dgauthier@ufpi.com

There are interesting new developments in the Osmose vs. Viance court battle. Viance, a maker of treated wood chemicals, has claimed publicly competitor Osmose’s wildly popular pressure-treated lumber formulation MicroPro, which is used by Universal in its ProWood Micro brand of treated wood, doesn’t work as advertised. Not sitting still for this, Osmose sued, and on March 24 a judge issued a temporary restraining order (TRO), forcing Viance to cease its attacks.

On September 29th, Osmose was granted a motion for preliminary injunction reaffirming that Viance must stop its negative marketing campaign against the MicroPro technology and micronized copper wood preservatives.  Viance tried hard to get the judge to lift the TRO and was denied with this ruling. By continuing the restraining order the judge has affirmed the court’s position that Viance must discontinue their attacks on MicroPro.

Both Osmose and Viance have sought injunctions against one other. They are almost mirrors of each another, both accusing the other of misleading statements and false advertising. The judge said “yes” to Osmose and “no” to Viance. 

Of significance is the fact that Viance does not have any details of this latest ruling, with the exception of their own press release, on their website. The fact that the latest court order cannot be found there raises the question, "Why not?"


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