Scott Electric Co. of Greensburg, Pa., has been permanently enjoined from selling counterfeit Square D electrical products, according to Schneider Electric, North American Operating Division, Palatine, Ill.
Schneider filed suit in U.S. District Court in Pittsburgh, charging Scott Electric with participating in false advertising, product disparagement and trademark infringement. The suit specifically claims that Scott Electric allegedly sold counterfeit QO circuit breakers bearing the Square D trademarks and copying Square D designs. As alleged in the lawsuit, testing by Square D Co. has shown that counterfeit electric distribution products pose serious health and safety hazards to innocent customers.
"Square D is going to aggressively go after any counterfeiters where we find them and we are dedicated to ensuring that there are only authentic products in the marketplace," said Brian Lewis, Wildman, Harrold LLP, Chicago, outside counsel for Square D.
Scott Electric has signed an agreed consent order to allow Square D to inspect its inventory of Square D products at its Greensburg facility. Square D representatives shall conduct the inspection, and identify and take possession of any counterfeit products, Square D said.
Through April 12, 2008, Scott Electric has agreed to notify Square D if it suspects that it’s in possession of counterfeit Square D product, and fully cooperate with a Square D inspection.
Scott Electric has also agreed as part of the consent decree to provide a list identifying all of its suppliers of Square D inventory for the past 36 months. Lewis of Wildman, Harrold LLP said if Scott Electric complies with the terms of the consent decree and if Square D is satisfied that they have complied with the terms of the consent decree, then Square D will dismiss its lawsuit against Scott Electric.
Scott Electric has never been an authorized Square D distributor, said Lewis.
The attorney for Scott Electric did not return phone calls at press time.