Fishing Equipment Maker Says Advertised Breaking Weights False, Unfair
January 8, 2012
Michael Atkins in Lanham Act Section 43(a), Seattle Updates, Unfair Competition

In fishing, the more weight equipment can hold makes a big difference.

Therefore, misstating the breaking point isn’t playing fair.

That’s what fishing equipment maker SPRO Corp. alleged in the false advertising complaint it filed in the Western District against competitors Eagle Claw Fishing Tackle Co. and Wright & McGill Co.

The complaint alleges that defendants represent that each of their fishing swivel products has a breaking strength that exceeds a particular weight (e.g., “The packaging of Defendants’ Size 2 swivel states that its breaking strength is 230 pounds”).

The complaint also alleges that SPRO sent defendants’ swivels to an independent laboratory for strength and failure analysis, which determined that defendants’ swivels break at weights below their advertised breaking strength.

Defendants have not yet answered SPRO’s complaint. SPRO filed its complaint in September, but it did not ask the court to issue summonses for defendants until until last week.

The case cite is SPRO Corp. v. Eagle Claw Fishing Tackle Co., No. 11-1507 (W.D. Wash.).

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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