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January 2015 Archives

Third Circuit "Irons" Out Why Injunction Stands After False Advertising Claims Affirmed

Herald, Michael 2014 143 200.jpgIn Groupe SEB United States, Inc. v. Euro-Pro Operating LLC, 2014 U.S.App. LEXIS 23785 (3.d Cir, 2014) the United States Court of Appeals for the Third Circuit recently affirmed a District Court's decision to grant a preliminary injunction against a household consumer product brand for false advertising and violation of the Lanham Act, 15 U.S.C. § 1125(a). Plaintiff, SEB, sells various consumer products, including steam irons under the Rowenta brand name, namely the Rowenta Focus and the Rowenta Steamium. The Defendant, Euro-Pro, sells a competing brand of steam irons under the Shark brand name. The dispute involved in this case arises from the advertising claims on the packing of the two competing Shark irons, the "Shark 405" and "Shark 505". The Third Circuit ultimately concluded that the District Court was correct when it concluded that Shark's advertising claims were false and that it violated the Lanham Act.

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