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
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Case Number:
5:21-CV-01310
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Filing Date:
09/30/2021
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Case Status:
Pending - Other Pending
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Case Type:
Other
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Court:
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Courthouse:
Judge Details
Presiding Judge
Liles C Burke
Party Details
Plaintiff
Copperweld Bimetallics, LLC
Defendant
Cerro Wire LLC
Attorney/Law Firm Details
Plaintiff Attorneys
Benjamin Murray
Craig B Whitney
Maura J Wogan
Nicole Bergstrom
Alan D Mathis
Defendant Attorneys
Christopher James Renk
Michael Joseph Harris
Richard R Raleigh, Jr
Christopher Lea Lockwood
Court Documents
Exhibit 1 - Proposed Amended Scheduling Order
(#32) Joint MOTION to Amend/Correct Joint Motion for Entry of an Amended Scheduling Order by Copperweld Bimetallics, LLC. (Attachments: #1 Exhibit 1 - Proposed Amended Scheduling Order)(Mathis, Alan) (Entered: 11/23/2021)
(#30) MOTION to Stay or Extend Deadlines Under Rule 26 and Court's Initial Order Governing All Further Proceedings, MOTION for Extension of Time by Cerro Wire LLC. (Raleigh, Richard) (Entered: 11/09/2021)
(#29) PROTECTIVE ORDER - The Court GRANTS the #28 Joint Motion for Protective Order and certain documents and information shall remain confidential as set out in this order. Signed by Judge Liles C Burke on 11/9/2021. (AHI) (Entered: 11/09/2021)
Text of Proposed Order Proposed Protective Order
(#28) Joint MOTION for Protective Order by Cerro Wire LLC. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Raleigh, Richard) (Entered: 11/08/2021)
(#27) ORDER - The Court GRANTS the #26 Joint MOTION Scheduling Order and this action is set for a Hearing on the Motion for Preliminary Injunction on 2/15/2022 at 01:30 PM in Federal Courthouse, Huntsville, AL, as more fully set out in order. Signed by Judge Liles C Burke on 11/2/2021. (AHI) (Entered: 11/02/2021)
Text of Proposed Order Proposed Scheduling Order
(#26) Joint MOTION Scheduling Order by Cerro Wire LLC. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Raleigh, Richard) (Entered: 10/29/2021)
(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint Motion is RIPE 10/12/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Cerro Wire LLC. (Raleigh, Richard) (Entered: 10/12/2021)
(#7) NOTICE of Appearance by Christopher Lea Lockwood on behalf of Cerro Wire LLC (Lockwood, Christopher) (Entered: 10/12/2021)
(#6) NOTICE of Appearance by Richard R Raleigh, Jr on behalf of Cerro Wire LLC (Raleigh, Richard) (Entered: 10/12/2021)
Exhibit A
Docket Entries
Docket(#32) Joint MOTION to Amend/Correct Joint Motion for Entry of an Amended Scheduling Order by Copperweld Bimetallics, LLC. (Attachments: #1 Exhibit 1 - Proposed Amended Scheduling Order)(Mathis, Alan) (Entered: 11/23/2021)
[-] Read LessDocket(#31) TEXT ORDER - For good cause shown, the parties' joint motion (Doc. 30) is GRANTED. The parties' deadlines under the Court's initial order and Rule 26(f) are STAYED pending disposition of Plaintiff's motion for preliminary injunction. Signed by Judge Liles C Burke on 11/12/2021. (AHI) (Entered: 11/12/2021)
[-] Read LessDocket(#30) MOTION to Stay or Extend Deadlines Under Rule 26 and Court's Initial Order Governing All Further Proceedings, MOTION for Extension of Time by Cerro Wire LLC. (Raleigh, Richard) (Entered: 11/09/2021)
[-] Read LessDocket(#29) PROTECTIVE ORDER - The Court GRANTS the #28 Joint Motion for Protective Order and certain documents and information shall remain confidential as set out in this order. Signed by Judge Liles C Burke on 11/9/2021. (AHI) (Entered: 11/09/2021)
[-] Read LessDocket(#28) Joint MOTION for Protective Order by Cerro Wire LLC. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Raleigh, Richard) (Entered: 11/08/2021)
[-] Read LessDocket(#27) ORDER - The Court GRANTS the #26 Joint MOTION Scheduling Order and this action is set for a Hearing on the Motion for Preliminary Injunction on 2/15/2022 at 01:30 PM in Federal Courthouse, Huntsville, AL, as more fully set out in order. Signed by Judge Liles C Burke on 11/2/2021. (AHI) (Entered: 11/02/2021)
[-] Read LessDocket(#26) Joint MOTION Scheduling Order by Cerro Wire LLC. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Raleigh, Richard) (Entered: 10/29/2021)
[-] Read LessDocket(#25) TEXT ORDER - Upon consideration of Plaintiffs motions for leave to appear pro hac vice (Docs. 17, 18, 19 & 20), and their supporting exhibits, it is ORDERED that the motions are GRANTED. Signed by Judge Liles C Burke on 10/20/2021. (AHI) (Entered: 10/20/2021)
[-] Read LessDocketPHV Fee paid: $ 75, receipt number 1126-3946692 (B4601116458). (Mathis, Alan) Modified on 10/21/2021 (AHI). (Entered: 10/20/2021)
[-] Read LessDocketPHV Fee paid: $ 75, receipt number 1126-3946690 (B4601116457). (Mathis, Alan) Modified on 10/21/2021 (AHI). (Entered: 10/20/2021)
[-] Read LessDocket(#9) MOTION for Leave to Appear Pro Hac Vice Motion is RIPE 10/12/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Cerro Wire LLC. (Raleigh, Richard) (Entered: 10/12/2021)
[-] Read LessDocket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint Motion is RIPE 10/12/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Cerro Wire LLC. (Raleigh, Richard) (Entered: 10/12/2021)
[-] Read LessDocket(#7) NOTICE of Appearance by Christopher Lea Lockwood on behalf of Cerro Wire LLC (Lockwood, Christopher) (Entered: 10/12/2021)
[-] Read LessDocket(#6) NOTICE of Appearance by Richard R Raleigh, Jr on behalf of Cerro Wire LLC (Raleigh, Richard) (Entered: 10/12/2021)
[-] Read LessDocket(#5) NOTICE by Copperweld Bimetallics, LLC of Return on Service of Writ (Mathis, Alan) (Entered: 10/07/2021)
[-] Read LessDocket(#4) Summons Issued as to Cerro Wire LLC by Clerk and given to Plaintiff for service. (BJL) (Entered: 10/01/2021)
[-] Read LessDocketFiling 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)
[-] Read LessDocket(#3) NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) (Entered: 09/30/2021)
[-] Read LessDocket(#2) NOTICE of Corporate Disclosure by Copperweld Bimetallics, LLC (BJL) (Entered: 09/30/2021)
[-] Read LessDocket(#1) COMPLAINT with JURY DEMAND against Cerro Wire LLC filed by Copperweld Bimetallics, LLC. (Attachments: #1 Exhibit A)(BJL) (Entered: 09/30/2021)
[-] Read Less
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