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In re Toshiba America HD DVD Marketing and Sales Practices Litigation

United States District Court for the District of New Jersey
69 U.C.C. Rep. Serv. 2d 1085 (2009)


Toshiba (defendant) manufactured and sold video players for high definition digital video discs (HD DVDs), which were intended to be the next generation of technology following standard DVDs. Toshiba’s main competitor was Sony Corporation, which marketed Blu-ray Discs as the next generation technology to DVDs. All of the major movie studios eventually decided to release their movies in Blu-ray format rather than HD DVD, and Toshiba decided to discontinue its future production of HD DVD players. Despite this, Toshiba continued to advertise its HD DVD players as being “For Today, Tomorrow and Beyond.” Some consumers (plaintiffs) who purchased a Toshiba HD DVD player sued Toshiba for breach of an express warranty, among other things.

Rule of Law


Holding and Reasoning (Debevoise, J.)

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