Seepex Inc., a pump manufacturer based in Enon, Ohio, filed a federal lawsuit in early February 2017 against competitor Liberty Process Equipment Inc. of Illinois. The suit claims Liberty falsely implied that its products are made in the USA, the Dayton Daily News reported on Feb. 11, 2017.
The claims
Seepex makes progressive cavity pumps, which industries use to move everything from wastewater sludge to food products. Liberty sells competing pumps and aftermarket parts for other makers’ pumps. According to the suit, Liberty advertises that its replacement parts cost 50% less than Seepex parts.
Seepex alleged that Liberty can charge less partly because its products are made outside the USA. The complaint said Liberty uses “iconic American symbols, words and figures” to create a false impression of USA manufacturing. Examples included:
- a company logo with the Statue of Liberty and a banner resembling the U.S. flag
- product lines named “the Liberty,” “Justice” and “American” series
“Defendant’s advertisements and promotional materials, taken in context, convey an express or implied claim that its products are of U.S. origin, when they are not,” the complaint said.
What Seepex wants
The suit included counts of deceptive trade practices and false advertising. Seepex asked for unspecified damages, an order barring Liberty from implying its products are made in the USA, and a report on how Liberty complied.
Seepex’s attorneys declined to comment, and Liberty did not return calls, the paper reported. Liberty had not yet filed a response.
FAQ
Who sued whom?
Seepex Inc. of Enon, Ohio, sued Liberty Process Equipment Inc. of Illinois.
Did Liberty say “Made in USA” outright?
The suit alleged an implied claim through patriotic symbols, a Statue of Liberty logo and product names.
What did Seepex seek?
Unspecified damages and an order barring Liberty from implying USA origin.
Source & credit
Source: Dayton Daily News: “Enon manufacturer sues competitor over implied made in USA claims”, Feb. 11, 2017.