E. Mishan & Sons, Inc. (Emson) has filed a lawsuit against Tekno Products, Inc. alleging false advertising, unfair competition, trade dress infringement and copyright infringement directed to multiple Tekno products, including Granite Tuff cookware, Granite Tuff knives, Rainbow knives and Soft & Smooth hair removers.
The complaint, filed in the United States District Court for the Southern District of New York, seeks to enjoin Tekno from, among other things, falsely advertising the specified Tekno products as “As Seen On TV.” Ocean State Job Lot, Inc. is also named as a defendant.
Emson markets branded products that compete with Tekno’s products. The Emson products include Graniterock and Granitestone pans, Gotham Steel knives and NuBrilliance Hairless hair removal devices.
Emson claims Tekno Products has falsely advertised by displaying “As Seen On TV” prominently on the Tekno items specified in the complaint, according to an Emson press release. The Emson suit claims the Tekno Granite Tuff, Rainbow, and Soft & Smooth products have not been advertised on television, or such advertising has been “miniscule,” according to the Emson release.
“Emson devotes significant resources to advertising its products on television and is careful to secure intellectual property rights in its products,” said Eddie Mishan, president of Emson. “We will not sit by idly as competitors unfairly compete with false advertising or by infringing Emson’s intellectual property rights.”
“Tekno Products, Inc. focuses on creating and providing valuable household products to consumers to make their lives easier, more efficient and more enjoyable,” according to a statement to HomeWorld Business by Tekno Products. “Tekno does not believe in infringing on other companies’ intellectual property rights and markets its products truthfully to consumers. Tekno Products prefers to compete in the marketplace– not by filing lawsuits that lack merit. Tekno Products, stands behind its product mix and marketing.”