Second Circuit rejects falsity by necessary implication claim for UL certification

Board-Tech Electronic Co. v. Eaton Corporation, Cooper Wiring Devices, Inc., — Fed.Appx. —-, 2018 WL 2901336, No. 17-3829-cv (2d Cir. Jun. 11, 2018)Board-Tech and Eaton compete in the market for decorative light switches. Underwriters Laboratories (UL) is an independent entity that tests, verifies, and endorses the safety of various electronic products; its imprimatur is commercially necessary for light switches in the US.  UL licenses the “UL 20” certification mark to products that meet its safety standards. Manufacturers must submit “representative samples” of their product to UL; if the samples pass the tests, UL authorizes the manufacturer to advertise and label its products as “UL 20” compliant. Eaton markets its light switches as UL 20 compliant. Board-Tech alleged that its in-house engineers independently tested UL 20 compliance of eight sets of six light switches and that each of the 48 light switch units failed. Thus, it…

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