DeWitt Secures Trial Victory for Woodland Tools On False Advertising Claims Against Fiskars

On October 23, 2024, a jury in the United States District Court for the Western District of Wisconsin rendered a verdict in favor of DeWitt’s client Woodland Tools, Inc., a Madison based garden tool startup company, on its false advertising claims against Fiskars. The jury found that Woodland had proved that Fiskars had engaged in willful false advertising related to packaging claims about the design origin and cutting power of a number of its garden cutting tool products. Woodland was represented at trial by attorneys Eli Van Camp, Laura Davis and Kai Hovden, and received critical support throughout the lawsuit from DeWitt team members including Craig Fieschko, Stephen DiTullio, Jordan Rohlfing, Jake Simon, Sarah Piersma and others.

Fiskars, which sells garden cutting tools and other consumer products, started this lawsuit over two years ago, asserting claims for patent infringement, trade secret misappropriation, false advertising, and breach of contract against five defendants, including Woodland Tools. DeWitt represented all defendants in the lawsuit. In addition to contesting Fiskars’ claims, Woodland asserted its own counterclaims, including for false advertising. Prior to trial, in August 2024, the Court granted motions for summary judgment filed by DeWitt on behalf of all defendants, dismissing all of Fiskars’ claims from the case. The Court permitted Woodland to proceed to trial on its false advertising claims subject to the jury’s verdict after denying Fiskars’ own motion for summary judgment on those claims.