A federal jury in Green Bay, Wisconsin, found on October 17, 2022 that Lucky Shot USA and its parent, 2 Monkey Trading, falsely designated the origin of their bullet glassware, awarding Appleton-based rival BenShot $3,159,976.
The case
- BenShot has made glasses with bullets embedded in the side in Wisconsin since 2015.
- Lucky Shot marketed similar glasses as “Made in the USA,” but the glasses were made in China and the bullets were glued in later in the USA.
- BenShot sued in 2018 under the Lanham Act and Wisconsin unfair competition law. In 2019, Judge William Griesbach relied on the FTC’s “all or virtually all” standard in refusing to dismiss.
- Evidence included an email asking a supplier for photos that did not show “faces of workers or any words or writing in Chinese.”
The verdict
- The jury found both companies violated the Lanham Act and caused damages, and that they acted maliciously or in intentional disregard of BenShot’s rights.
- The total award, including punitive damages, came to more than $3.15 million.
The case shows that competitors, not just the FTC, can hold sellers accountable for false USA-origin claims.
FAQ
Who won?
BenShot of Appleton, Wisconsin.
How much?
$3,159,976, including punitive damages.
What was false?
China-made glasses sold as Made in the USA.
Source & credit
Source: U.S. District Court, Eastern District of Wisconsin, special verdict, October 17, 2022 (via TINA.org): BenShot LLC v. 2 Monkey Trading LLC et al., Case No. 18-C-1716.
Also: The Post-Crescent, November 1, 2022: “Appleton glassware company BenShot awarded more than $3 million in federal lawsuit”; Advertising Specialty Institute: “Novelty Drinkware Company Owes $3.1M for False Made-in-USA Claims”.