PITTSBURGH — An Ohio-based company is suing a Johnstown insulation business, alleging unfair competition.
Thermo Manufacturing Inc. filed a lawsuit Jan. 19 in U.S. District Court for the Western District of Pennsylvania against TVM Building Products Inc., TVM Industries Inc., TVM Insulations Inc. and National Building Supply Inc., alleging federal unfair competition and Pennsylvania common law unfair competition surrounding alleged unlawful conduct regarding the company’s product.
According to the complaint, Thermo, a manufacturer of sheet metal alternative return air ducts and other HVAC products began around 1995 selling its ThermoPan product. In 2010, Thermo and TVM BP entered into a verbal distribution agreement where Thermo agreed that TVM BP would sell Thermo’s products to wholesalers, the suit states.
TVM BP, the lawsuit states, did not comply with the payment terms on its orders and frequently was behind on its payments to Thermo while also trying to steal Thermo’s customers.
Thermo terminated the agreement, and the company said it learned TVM BP had begun to sell a product called T-rap, which looked nearly exactly identical to ThermoPan. Thermo believes it is a blatant copy of its product, the suit states.
Thermo seeks a jury trial, an order to destroy any of the defendants’ products similar to the ThermoPan product, damages for the unlawful conduct and all profits earned, attorney fees and court costs. Thermo is represented by attorneys Andrew C. Whitney and Brian W. Shaffer of Morgan, Lewis and Bockius LLP in Philadelphia.
U.S. District Court for the Western District of Pennsylvania Case number 3:16-cv-00023-KRG