Fireclean is on a tear. Yesterday, we told you that they have sued Andrew Tuohy and Everett Baker for Defamation. We also told you there would be more, and here it is, the next one.
It seems George Fennell owns a company named Steel Shield Technologies which makes a firearms lubricant called Weapon Shield. According to the suit, George Fennell is a competitor of Fireclean and relies heavily on Facebook to promote his brand.
Fireclean alleges defamation by Fennell and his company. They also say Fennell referred to their product as “Pam”, “Wesson Oil”, “Criso” and other oils in videos and social media posts they claim were meant to discredit their lubricant. In another instance Fireclean offers, Fennell claimed that “My problem is it will cost someone their life someday.”
Specifically, Fireclean claims that Fennell violated the Lanham Act. They are citing the misrepresentation clause (USC §1125a (1)(B)) and not the trademark portion of the law.
15 U.S.C. § 1125 – False designations of origin, false descriptions, and dilution forbidden
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
By now you are asking yourself how this suit might be related to the blogger suit we discussed yesterday. Remember we said that Fennell is quite active on Facebook? Well, on January 14th, 2016, Fennell posted this message to Facebook. The “he” Fennell is initially referring to is Andrew Tuohy, which becomes clear in context later in the post.
Interesting enough, although that post was available yesterday (the same day Fennell was served by the court for this suit), it is now missing.
Feel free to read the entire complaint here: Fireclean LLC v Fennell Like the other suit, it is quite extensive and technical in nature as Fireclean makes its case that it is not any of the materials they claim Fennell says they are.
Once again, Fireclean lays out why the case should be tried in Federal Court of Eastern Virginia. They also demand a jury trial as well as compensatory damages, presumed damages for defamation, punitive damages in addition to court costs and attorney’s fees.
