Posted on 27 August 2018
Peter Sloane’s article discussing the Second Circuit Court of Appeals decision in Board-Tech Electronic Co., Ltd. v. Eaton Corporation, No. 17-3829-cv (2d Cir. June 11, 2018), appears in the most recent edition of the Federal Bar Council Quarterly. See http://www.federalbarcouncil.org/FBC/Publications/Quarterly/Federal_Bar_Council_Quarterly_-_June_July_Aug._2018.aspx. In Board-Tech, the Second Circuit affirmed the dismissal of a complaint for false and misleading advertising over the use of the Underwriters Laboratory certification mark in a case between two competitors in the light switch market. Even if defendant’s products had failed plaintiff’s testing for UL compliance, without any indication that defendant’s products had been decertified by Underwriters Laboratory, or that its products had materially changed since certification, the Court held that there was no plausible allegation of a false statement.