A U.S. District Court Judge in Chicago, Illinois, denied a motion by Dyson to stop Euro-Pro’s advertising claims that its Shark Powered Lift Away upright vacuum “deep cleans carpets better than Dyson’s best vacuum.”
Euro-Pro’s claim was based on the results of independent lab testing that compared the Shark Rotator Powered Lift Away (NV650) vacuum and the Dyson Animal (DC65) vacuum. And while those results showed that the Euro-Pro Shark Rotator did outperform the Dyson Animal, Dyson has questioned the independence of the testing facility that Euro-Pro used.
According to the ruling by Judge Joan Gottschall, Dyson sought the preliminary injunction to stop Euro-Pro from continuing with the claim in its advertising and on its packaging. Dyson also stated that Euro-Pro engaged in unfair competition by misrepresenting, concealing or omitting material facts in its advertising.
The judge denied the motion based on her findings that, while Dyson established a likelihood that Euro-Pro is liable for past wrongful activity, Dyson didn’t supply sufficient likelihood of success as to the injury in the future or that the other preliminary injunction elements support the drastic remedy of injunctive relief.
Further, the judge ruled that for the purposes of Dyson’s motion for a preliminary injunction, it limited its consideration to the results of the independent tests that the Shark Rotator Powered Lift Away outperformed the Dyson Animal. The judge stated that based on the present record, the court could not determine if the testing facility was, in fact, independent.
“We are grateful for the victory,” said Mark Rosenzweig, Euro-Pro’s CEO. “We are disappointed that Dyson resorted to litigation to stop a truthful claim that our vacuum has superior performance.”
In response to the ruling, Ed Culley, U.S. president of Dyson, said, “We appreciate the court’s diligence. It has already questioned the independence of Euro-Pro’s testing facilities, and found it entered the market with a false claim. We are in the preliminary stages of this case— with further evidence still to be uncovered, Dyson is confident Euro-Pro’s claims will be found to be false.”
This ruling is the latest in an ongoing legal case between Euro-Pro and Dyson, that began in September of 2014. The case, in which Euro-Pro filed a lawsuit over Dyson’s advertising claims that its Animal (DC65) vacuum has “Twice the Suction” of its competitors, is still pending.