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).

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.