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T4D Slam Dunked To T4C When Contractor Misled

Client Alert | less than 1 min read | 07.30.04

In Divecon Services, LP, the GSBCA overturned the National Oceanic and Atmospheric Administration’s termination for default of a contract to charter a remotely operated vehicle (ROV), despite the ROV’s failure to operate properly or obtain the ultimately desired data. The board reasoned that NOAA had waived any contract completion date by (1) encouraging the contractor right up to the day of termination (the originally specified contract completion date) to incur substantial costs for ROV repair work necessary for continued contract performance, (2) failing to set a new completion date, and (3) leading the contractor during last minute negotiations to believe that agreement on a contract extension was a “slam dunk.”

Insights

Client Alert | 4 min read | 12.04.25

District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products

On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market....