Trade Law Daily is a Warren News publication.

3rd Cir. Denies Bid to Stay Injunction in False Made in USA Ad Suit

The U.S. Court of Appeals for the 3rd Circuit on June 14 denied Albion Engineering Co.'s expedited motion to stay an injunction pending the appeal of Newborn Bros. Co.'s suit against Albion for unfair competition (Newborn Bros. Co. v. United States, 3rd Cir. # 24-1548).

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The suit was brought by Newborn Bros. Co. accusing Albion of falsely declaring its goods as being made in the U.S. In the case, the U.S. District Court for the District of New Jersey imposed an injunction, which required Albion to send a notice to its distributors, telling them to return to any materials to the company that indicate that its caulking guns were made in the U.S. The injunction also told Albion to mark the packaging of each caulking gun made with any foreign component with each part of the gun and its country of origin.

Albion appealed the injunction and moved for an expedited motion to stay the district court's order, claiming that it's likely to succeed on appeal and that it will suffer irreparable harm without the stay. Judge Patty Shwartz denied the motion.