Underground Solutions Obtains Injunction Against PolyPipe, Inc. in Libel Lawsuit
Poway, CA (September 24, 2008) - A Texas
court issued an order yesterday, September 23, 2008, permanently
enjoining PolyPipe, Inc., a manufacturer of HDPE pipe products,
from distributing certain materials attacking Underground
Solutions™ Fusible PVC™ pipe products. The court in Harris
County, Texas acted in response to a request from Underground
Solutions.
Underground Solutions filed suit following its recent discovery
that employees of PolyPipe were distributing copies of a press
release and associated materials that Underground Solutions
contends are defamatory. The materials that PolyPipe is now
prohibited from distributing were originally prepared by the
Plastics Pipe Institute (PPI), the trade association for the HDPE
pipe industry. The documents that PolyPipe admitted distributing
at a September trade show in Dallas, Texas included a press
release and webinar advertisement, both issued by PPI in June of
this year, attacking Underground Solutions™ Fusible PVC™ pipe
products. PPI publicly retracted the press release and all of
its contents in August, a month prior to the date of PolyPipe's
actions.
"We were shocked to discover that PolyPipe was publicly
distributing a press release that it knew had been retracted,"
stated Andy Seidel, the President and CEO of Underground
Solutions, "and we acted quickly to ensure that it would not
happen again." Seidel continued, "We believe in competition, but
we expect our competitors to act fairly and in accordance with
applicable legal requirements. Distributing a press release that
PolyPipe knew had been retracted by its own author was not only
wrong legally, but it reflects poorly on the entire pipe
industry."
The lawsuit against PolyPipe is the second lawsuit that
Underground Solutions has been forced to initiate against HDPE
competitors in response to attacks that Underground Solutions
contends are false and malicious. Underground Solutions is also
suing P&F Distributors, a Northern California-based
distributor of HDPE products, alleging similar conduct. That
lawsuit is currently pending in California state court.
Underground Solutions provides infrastructure technologies for
water and wastewater applications. Underground Solutions™ Fusible
PVC™ products, including Fusible C-900®, Fusible C-905® and
FPVC®, contain a proprietary PVC formulation that, when combined
with Underground Solutions™ patented fusion process, results in a
monolithic, fully-restrained, gasket-free, leak-free piping
system. Underground Solutions™ Duraliner™ is a patented,
close-fit pipeline renewal system creating a stand-alone
structural liner.
Contact Information: Stephen Stanczak of Underground Solutions,
Inc. phone: 760/690-3849; email: info@undergroundsolutions.com