Certification Mark, Christopher A. Nuechterlein, False Advertising, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, Jr., Litigation Update, Robert L. Miller, Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, Violation of the Illinois Deceptive Trade Practices Act
If you live anywhere near an electrical outlet (meaning all of you except those few remaining readers of the Indiana IP Zine), you’ve likely seen the Plaintiff’s trademark.
Plaintiff’s UL Certification Marks appear on “billions of household, consumer, commercial, and industrial products including refrigeration equipment, lighting products, cable, wiring, building materials, life safety vests, electric signs, batteries and power packs for computers and consumer electronics, traffic signals, sprinklers, and cash registers.”
The “UL” mark certifies that the product has been tested, inspected and satisfies applicable safety standards. Turn over whatever electrical device is closest and the “UL” probably is on there somewhere. (If not, back away slowly…)
Defendant makes and sells the explosively popular Swagway hoverboard. Despite having never been tested nor inspected by UL, the Swagway product “allegedly used a mark that is identical to or substantially indistinguishable from the UL Certification Marks to falsely suggest that their Swagway hoverboard products have been tested, inspected, and certified by Plaintiff.”
Further claims by Defendant’s CEO that the product was UL-certified along with significant safety concerns about the product, detailed in the Complaint below, led to this lawsuit.
UL LLC v. Swagway, LLC et al
Court Case Number: 3:16-cv-00075-RLM-CAN
File Date: Wednesday, February 17, 2016
Plaintiff: UL LLC
Plaintiff Counsel: Thomas F. Waggoner of Straub, Seamen & Allen, P.C.
Defendant: Swagway, LLC, Jianqing “Johnny” Zhu
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, False Advertising, Violation of the Illinois Deceptive Trade Practices Act, Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act
Court: Northern District of Indiana
Judge: Robert L. Miller, Jr.
Referred To: Christopher A. Nuechterlein