Court granted defendant's judgment as a matter of law on the issue of Lanham Act damages where plaintiff presented no evidence that any customer was misled or relied upon defendant's advertisements found false by the jury.

The court declined to approve a proposed settlement on behalf of a putative class of common stockholders noting that the release would release not only claims associated with the common stock but also claims related to the ownership of preferred equity units, even though plaintiffs had not brought an action on behalf of a class of preferred equity unitholders.