This case was last updated from PACER on 10/08/2021 at 06:01:45 (UTC).

Copperweld Bimetallics, LLC v. Cerro Wire LLC

Case Summary

On September 30, 2021, Copperweld Bimetallics, LLC (“Plaintiff” or “Copperweld”), represented by Alan D. Mathis of Butler Snow LLP, filed an antitrust action lawsuit against Cerro Wire, LLC (“Cerro” or “Defendant”), seeking injunctive relief and damages, among other relief, for alleged unlawful trade practice and false advertising by the Defendant. This case was filed in U.S. District Court in the Northern District of Alabama with Judge Herman N Johnson, Jr presiding.

 

In the complaint, the Plaintiff alleged that, “Copper-clad aluminum (CCA) wiring is an innovation in the residential electrical wiring industry long dominated by copper wiring. Developed in the 1960s by scientists at Texas Instruments, the use of CCA has seen a resurgence in recent years due to rising price of copper and increased demand for new residential housing. CCA—by including copper cladding metallurgically bonded to an aluminum core—retains the strength and safety of traditional copper wiring, but at a significantly lower price. Indeed, following rigorous testing and analysis, CCA has been deemed safe and approved by the relevant code-making bodies for fifty years.”

 

The Plaintiff further alleged that, “Copper wire makers are feeling threatened by a new competitor encroaching on their share of the residential wire market. To combat the growing threat of CCA, Cerro, a manufacturer of copper wiring, began a deceptive marketing campaign against CCA to drive Copperweld out of the market. Cerro first attempted to discredit CCA before a leading code[1]making body by presenting, through its agent, the results of a test performed by that agent in her garage to convince members that CCA was unsafe and prone to overheating. The code-making body ultimately rejected this unscrupulous effort. Failing to convince code-makers that CCA was unsafe, Cerro turned to Copperweld’s customers and/or potential customers, surreptitiously distributing a “Copper Clad Aluminum FAQs” document (the “FAQs”) that falsely claimed that CCA shared the dangers of aluminum wire from the 1970s. While single-metal aluminum wiring, which had gained popularity many decades ago, is now generally deemed unsafe for use in residential homes, CCA bears none of the risks of that older material.”

 

The Plaintiff also alleged that, “Cerro’s commercial distribution to consumers of the FAQs containing false and misleading statements about Copperweld’s product have damaged Copperweld, and its continued distribution of the FAQs threatens to further harm Copperweld at a particularly crucial time for the industry. Upon information and belief, Cerro Wire has acted intentionally to deceive the consuming public and injure Copperweld.”

 

There are three claims of relief laid down by the Plaintiff. The first claim alleged is for False Advertising under the Lanham Act, 15 U.S.C. § 1125(a). The second claim alleged is for tortious interference with business relations. The third claim alleged is for unlawful trade practices under Tenn. Code Ann. § 47-18-104(8).

 

In its prayer for relief, the Plaintiffs requested the Court to preliminarily and permanently enjoin and restrain Cerro from making false and/or misleading statements related to Plaintiff’s product and require Cerro to provide corrective advertising to all recipients of the FAQs. Plaintiffs further requested the Court to find that Defendant has violated Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), Tenn. Code Ann. § 47-18-104(8) and the common law. The Plaintiff also requested the Court for damages and disgorgement of profit along with prejudgement and post judgement interests, costs and attorneys’ fees and any other relief that the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-01310

  • Filing Date:

    09/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Herman N Johnson, Jr

 

Party Details

Plaintiff

Copperweld Bimetallics, LLC

Defendant

Cerro Wire LLC

Attorney/Law Firm Details

Plaintiff Attorney

Alan D Mathis

Attorney at BUTLER SNOW LLP

One Federal Place, 1819 5Th Avenue North Suite 1000

Birmingham, AL 35203

 

Court Documents

#5

(#5) NOTICE by Copperweld Bimetallics, LLC of Return on Service of Writ (Mathis, Alan) (Entered: 10/07/2021)

#4

(#4) Summons Issued as to Cerro Wire LLC by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/01/2021)

#3

(#3) NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) (Entered: 09/30/2021)

#2

(#2) NOTICE of Corporate Disclosure by Copperweld Bimetallics, LLC (BJL) (Entered: 09/30/2021)

1 #1

Exhibit A

#1

(#1) COMPLAINT with JURY DEMAND against Cerro Wire LLC filed by Copperweld Bimetallics, LLC. (Attachments: #1 Exhibit A)(BJL) (Entered: 09/30/2021)

 

Docket Entries

  • 10/07/2021
  • View Court Documents
  • Docket(#5) NOTICE by Copperweld Bimetallics, LLC of Return on Service of Writ (Mathis, Alan) (Entered: 10/07/2021)

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  • 09/30/2021
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  • Docket(#4) Summons Issued as to Cerro Wire LLC by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/01/2021)

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  • 09/30/2021
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  • DocketFiling Fee: Filing fee $ 402, receipt_number 1126-3935395 (B4601116062). related document #1 COMPLAINT with JURY DEMAND against Cerro Wire LLC filed by Copperweld Bimetallics, LLC. (Attachments: # 1 Exhibit A)(BJL). (Mathis, Alan) Modified on 10/1/2021 (BJL). (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#3) NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) (Entered: 09/30/2021)

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  • 09/30/2021
  • View Court Documents
  • Docket(#2) NOTICE of Corporate Disclosure by Copperweld Bimetallics, LLC (BJL) (Entered: 09/30/2021)

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  • 09/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with JURY DEMAND against Cerro Wire LLC filed by Copperweld Bimetallics, LLC. (Attachments: #1 Exhibit A)(BJL) (Entered: 09/30/2021)

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