NEW YORK, March 11, 2019 — E. Mishan & Sons, Inc. (“Emson”) filed a lawsuit in the United States District Court for the Southern District of New York against Tekno Products, Inc. alleging claims of false advertising, unfair competition, trade dress infringement and copyright infringement. E. Mishan & Sons, Inc. v. Tekno Products, Inc. et al., 1:19-CV-1910. The claims are directed to multiple Tekno products including “Granite Tuff” pans, “Granite Tuff” knives, “Rainbow” knives, and “Soft & Smooth” hair removers. The complaint seeks to enjoin Tekno from, among other things, falsely advertising these 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 including Graniterock™ and Granitestone™ pans, Gotham Steel® knives, and NuBrilliance™ Hairless™ hair removal devices. Emson has made significant investments in advertising, including for these products, through nationally broadcast direct response television advertising campaigns. Emson was recently awarded the Adsphere Advertiser of the Year award in addition to an award as best in category specifically for its short form Graniterock™ campaign. Emson’s products are widely available in national retail stores such as Walmart and Bed Bath and Beyond.
The Complaint asserts that Tekno Products has falsely advertised by prominently displaying “As Seen On TV” on similar packaging for similarly configured products. According to court papers filed by Emson, the named Tekno Granite Tuff, Rainbow, and Soft & Smooth products have not been advertised on television or such advertising has been miniscule.
“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.”
Emson, a family-owned consumer products business established in 1946, is a leader in the direct response industry. Emson designs, markets, manufactures and sells a wide range of consumer products, including, kitchen electrics, housewares, exercise and fitness products, pet products, tools, automotive accessories, flashlights, lanterns, personal care products, electronic accessories and lawn and garden products. Emson’s products are marketed by direct response via TV commercials, infomercials and the Internet, and are sold in national retail chains, such as Walmart, Walgreens, Target, Kohls and Bed, Bath & Beyond, both in the United States and internationally, including United Kingdom, Germany, Japan, Canada, and many other countries. Well-known products successfully marketed and distributed by Emson include the Gotham Steel® cookware, XHose® garden hose, InstaMop™ spin mop and bucket, Clorox® Scrubtastic®, RoboTwist®, Startastic® light projector, Betterbrella® umbrella, Personal Pedi by Laurant®, and Car Cane®, Big Boss® kitchen electrics and Ab Rocket® exerciser, among many others.
Further information concerning Emson products can be obtained by contacting Emson.
SOURCE E. Mishan & Sons, Inc.