Seattle Trademark Lawyer

The manufacturer of electrical distribution products has obtained a stipulated permanent injunction against two Tacoma sellers of 85,000 counterfeit circuit breakers. Plaintiff Square D. Company and defendants CES Liquidating LLC (formerly Connecticut Electric & Switch Mfg. Co.) and TES Liquidating LLC (formerly Tacoma Electric Supply Co.) entered into a Consent Order for Permanent Injunctive and Other Relief, which Western District Judge Franklin Burgess entered April 30.

The injunction prohibits the defendants from purchasing, packaging, selling, or distributing Square D products, including residential circuit breakers sold under Square D’s QO and HOMELINE trademarks. The order further requires defendants to dispose of their inventory of authentic Square D products by replacing counterfeit products returned to them in response to their product recall efforts or by selling such authentic products in their normal course of business. Defendants had until March 31 to dispose of their inventory. 

The order also requires defendants to relinquish control over all counterfeit Square D products for destruction and to provide Square D with information about where they had purchased Square D products for the last three years. Upon satisfaction of these conditions, the order requires Square D to dismiss its claims against defendants with prejudice and without fees or costs to either party.

Square D’s complaint alleged that defendants purchased, distributed, or sold counterfeit Square D circuit breakers and falsely suggested to consumers that defendants were the manufacturers or authorized distributors of authentic Square D circuit breakers. Defendants admitted they had sequestered more than 22,000 counterfeit circuit breakers as a result of a Square D inspection.

The case is captioned as Square D. Co. v. Conn. Electric & Switch Mfg. Co., Viewpack LLC, No. 06-5714 (W.D. Wash.).