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
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
C.F.R.~\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,
CFR~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54
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
of product, rather than a particular use by a particular buyer.
Products that are commonly used for personal as well as commercial
purposes are consumer products, even if the person invoking rights is a
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
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
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
court concluded that TRS-80 microcomputers were consumer products, where
such computers were designed and advertised for a variety of users,
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,
because in the area of components of dwellings we consider the settled