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“Defendant makes prevalent use of prominently placed, iconic American symbols, words and figures in its advertisements, promotional materials, product packaging and literature to create a false impression that its products are manufactured in the United States,” the complaint says.
Attorneys for Seepex declined comment, while officials from Liberty didn’t return calls seeking comment this week. Liberty hasn’t filed its response to the complaint.
Seepex manufactures progressive cavity pumps used in a variety of industries to pump everything from wastewater sludge to food products. The complaint argues Liberty is a competitor with its own line of cavity pumps that also sells aftermarket parts for pumps made by its competitors.
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Liberty says on its website and in advertisements that its replacement parts are 50 percent cheaper than parts sold by Seepex, according to the lawsuit. But the complaint alleges Liberty is able to sell its products at a cheaper rate in part because they are manufactured outside the U.S.
The Seepex lawsuit takes issue with how Liberty promotes its products, alleging it uses images and language that implies the parts are made in the U.S. when that’s not the case. For example the complaint points to Liberty’s corporate logo, which features a picture of the Statue of Liberty and banner that’s similar to the U.S Flag.
The complaint also point out Liberty’s product lines include names like, “the Liberty” series, the “Justice” series and the “American” series.
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“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,” Seepex claims in the lawsuit. “Such claim is false and misleading and is likely to cause confusion or to deceive as to the origin of the defendant’s goods.”
Seepex’s complaint accuses its competitor of deceptive trade practices and false advertising, among other counts. The Enon firm is seeking an undisclosed amount of damages, along with an order prohibiting Liberty from implying its products are made in the U.S.
The lawsuit also seeks a report from Liberty detailing how it complied with those demands.
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