Purely formatting changes.

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Bradley M. Kuhn 2014-03-20 17:38:34 -04:00
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commit 10244bee14

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@ -2976,24 +2976,24 @@ One well-established interpretive principle under Magnuson-Moss is that
ambiguities are resolved in favor of coverage. That is, in cases where ambiguities are resolved in favor of coverage. That is, in cases where
it is not clear whether a product falls under the definition of consumer it is not clear whether a product falls under the definition of consumer
product, the product will be treated as a consumer product.\footnote{16 product, the product will be treated as a consumer product.\footnote{16
C.F.R.~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54 CFR~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54
U.C.C.~Rep.~Serv.2d 934 (D.~Ore.~2004).} Moreover, for a given product, UCC~Rep.~Serv.2d 934 (D.~Ore.~2004).} Moreover, for a given product,
``normally used'' is understood to refer to the typical use of that type ``normally used'' is understood to refer to the typical use of that type
of product, rather than a particular use by a particular buyer. of product, rather than a particular use by a particular buyer.
Products that are commonly used for personal as well as commercial Products that are commonly used for personal as well as commercial
purposes are consumer products, even if the person invoking rights is a purposes are consumer products, even if the person invoking rights is a
commercial entity intending to use the product for commercial commercial entity intending to use the product for commercial
purposes.\footnote{16 C.F.R. \S \ 700.1(a). Numerous court decisions purposes.\footnote{16 CFR \S \ 700.1(a). Numerous court decisions
interpreting Magnuson-Moss are in accord; see, e.g., \textit{Stroebner interpreting Magnuson-Moss are in accord; see, e.g., \textit{Stroebner
Motors, Inc.~v.~Automobili Lamborghini S.p.A.}, 459 F.~Supp.2d 1028, Motors, Inc.~v.~Automobili Lamborghini S.p.A.}, 459 F.~Supp.2d 1028,
1033 (D.~Hawaii 2006).} Even a small amount of ``normal'' personal use 1033 (D.~Hawaii 2006).} Even a small amount of ``normal'' personal use
is enough to cause an entire product line to be treated as a consumer is enough to cause an entire product line to be treated as a consumer
product under Magnuson-Moss.\footnote{\textit{Tandy Corp.~v.~Marymac product under Magnuson-Moss\footnote{\textit{Tandy Corp.~v.~Marymac
Industries, Inc.}, 213 U.S.P.Q.~702 (S.D.~Tex.~1981). In this case, the Industries, Inc.}, 213 U.S.P.Q.~702 (S.D.~Tex.~1981). In this case, the
court concluded that TRS-80 microcomputers were consumer products, where court concluded that TRS-80 microcomputers were consumer products, where
such computers were designed and advertised for a variety of users, such computers were designed and advertised for a variety of users,
including small businesses and schools, and had only recently been including small businesses and schools, and had only recently been
promoted for use in the home.} promoted for use in the home.}.
We do not rely solely on the definition of consumer product, however, We do not rely solely on the definition of consumer product, however,
because in the area of components of dwellings we consider the settled because in the area of components of dwellings we consider the settled