Calif. man files class action over kitchen knives sold on Home Shopping Network

By Kyla Asbury | Mar 24, 2014

SAN FRANCISCO (Legal Newsline) - A class action lawsuit has been filed against Home Shopping Network after consumers claim they received counterfeit knives.

Allen Moshiri claims the "Emeril" branch kitchen knives sold by HSN are counterfeit and not the high-quality products made in Germany as advertised, according to a complaint filed March 5 in the U.S. District Court for the Northern District of California.

The defendants have allegedly promoted, advertised and sold various kitchen knives and knife sets under the "Emeril" brand name, named after celebrity chef Emeril Lagasse, that they represented were manufactured in Solingen, German, an area world-famous for producing high-quality cutlery.

Martha Stewart Living Omnimedia Inc.; Emeril's Homebase LLC; and Emerils.com were also named as defendants in the suit.

"Contrary to defendants' representations, these knives and knife sets were manufactured in China," the complaint states. "The knives and knife sets in question...bear on one side of the blade the 'Emeril' mark and the words 'Solingen Germany' but on the other side of the blade is stamped the word 'China.'"

Moshiri claims "Solingen" is a name representative of the finest quality of German cutlery and other German products.

"Manufactured in Solingen, Germany, cutlery sold under the name 'Solingen' certifies that the goods sold under that brand are of a certain origin and comply with extremely high and specific standards of manufacture," according to the suit. "The products made in Solingen are of a particularly high quality with high-grade materials, made by qualified workers and known for excellence in craftsmanship."

Moshiri claims he purchased a five-inch Santoku Japanese chef's knife through Home Shopping Network on July 8, 2012, after seeing the advertisements about the knife.

Shortly after Moshiri received the knife, it began to rust and the blade dulled, according to the suit.

Moshiri claims that if he had known the truth about the quality of the knife and where it was made, he would not have bought it.

Moshiri is seeking for an order certifying the class and appointing him and his counsel to represent the class; for damages suffered by him and other class members; for restitution to him and the class members for all monies wrongfully obtained by the defendants; and for pre- and post-judgment interest.

He is being represented by Farrah Mirabel of the Law Offices of Farrah Mirabel and J. Kirk Donnelly of the Law Offices of J. Kirk Donnelly.

The case has been assigned to District Judge Richard Seeborg.

On Sept. 11, 2012, a lawsuit was filed against Stewart, Martha Stewart Living Omnimedia, Lagasse, HSN and SED International Holdings by Chamber of Industry and Commerce of Wuppertal-Solingen-Remscheid in the U.S. District Court for the Southern District of Florida regarding the Solingen knives.

Solingen's Chamber of Commerce sued the defendants, saying Stewart and Legasse's knives were counterfeit.

"Real" Solingen knives are marked with "Solingen" on one side of the blade, not "Solingen, Germany," the suit stated.

On Jan. 28, an order for a permanent injunction was filed in the case.

In the permanent injunction, the court enjoined and restrained the defendants from using, registering or reproducing the Solingen certification mark owned by the plaintiff; and from manufacturing, contracting to manufacture, assisting in manufacture, ordering, distributing, selling, importing, exporting, promoting, advertising, marketing, displaying, selling or offering to sell cutlery marked with the Solingen certification mark that does not comply with the strict conditions of the certification mark.

The defendants were also barred from falsely stating that it, or any of its products are connected with Solingen, sponsored by or associated with it or that its products are endorsed by, approved of and/or associated with the plaintiff, without Solingen's prior approval; infringing or counterfeiting Solingen's certification mark; and from knowingly instructing, aiding or abetting any other person or business or entity in engaging in any of these activities.

U.S District Court for the Northern District of California case number: 3:14-cv-01034

More News

The Record Network