HONEYWELL ROUND CLASS ACTION

The Mogin Law Firm, P.C. and Abbey Spanier Rodd & Abrams, LLP are prosecuting a class action against Honeywell for individuals and businesses that purchased Honeywell Round Thermostats between 1986 through 2004 in California. The case alleges that Honeywell monopolized the market for round thermostats and sold them at artificially inflated prices. The lawsuit is pending in San Francisco Superior Court.

If you would like to discuss this case please contact Chad McManamy at chad@moginlaw.com or call toll free 888-557-2545.

The Honeywell Round Thermostat can be found on more residential walls than any other thermostat in the world. According to Honeywell, "the simplicity and elegance of The Round thermostat elevated the thermostat in design and function to a level that, even today, manufacturers around the world strive for." Circular thermostats are distinct from other types of thermostats due to their unique design and consumer preferences.

The lawsuit alleges that, beginning in 1986, Honeywell engaged in anticompetitive practices to exclude potential competitors from manufacturing and selling circular thermostats. It is also alleges that Honeywell falsely represented that it had a proper trademark for the thermostats, engaged in a pattern of threatening rival thermostat manufacturers with trademark litigation to discourage them from competing in the circular thermostat market entered into deals with potential competitors to prevent entry into the market and entered into a series of exclusive dealing contracts with Heating Ventilation and Air Conditioning ("HVAC") original equipment manufacturers ("OEM"), premised in part on the bogus trademark claims, to foreclose their entry into the market and to exclude rival manufacturers from being able to sell round thermostats to these major customers. Honeywell allegedly acquired its trademark by deceiving the U.S. Patent and Trademark Office and withholding material information from the PTO. The alleged deception included making secret arrangements with a rival thermostat manufacturer to prevent the PTO from learning of competing circular thermostat products, entering into anticompetitive agreements with other rivals, and, other actions to suppress competition. Honeywell’s practices only came to light as a result of a small manufacturer’s legal challenge to Honeywell’s trademark claims after Honeywell attempt to keep their product off the market. The Complaint filed in the California consumer class action is based upon a federal court’s findings in the trademark action. The Complaint seeks damages and restitution on behalf of individuals and businesses who purchased Honeywell round thermostats in California between 1986 and 2004 for their own use and not for re-sale.

A motion for class certification is pending in the California consumer case, but has not been heard; the San Francisco Superior Court has not issued any rulings on the merits of the case.

For further information please contact Chad McManamy at chad@moginlaw.com or call toll free 888-557-2545.

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