07-C0765 Thermal Design, Inc. v. ASHRAE

Listen to this article

Consumer Protection
Deceptive trade practices

A manufacturer is not sufficiently likely to prevail in a deceptive trade practices claim against a corporation that publishes industry standards and guidelines to warrant a preliminary injunction.

“Here, the gravamen of Thermal Design’s allegations is that ASHRAE has made a statement or representation to the public that is untrue, deceptive or misleading. Because the public is a nonparty, Grice Eng’g and Riddell would counsel that no cause of action lies under § 100.18 for Thermal Design (even if ASHRAE’s alleged misrepresentations caused Thermal Design to lose business). Additionally, Thermal Design has not alleged, much less demonstrated, that it relied on ASHRAE’s statements and representations and that it was induced by ASHRAE to do anything. Instead, Thermal Design focuses on the public’s reliance on 90.1.

Thermal Design states that ‘purchasers and prospective purchasers of Thermal Design’s Assemblies have and will be induced to purchase competitive Assemblies.’ (Amend. Compl. ¶ 18.) Therefore, even if Thermal Design could succeed on the assertions that (1) ASHRAE made a statement or representation relating to the purchase, sale, hire, use or lease of real estate, merchandise, securities, service, or employment, and (2) ASHRAE made such statement or representation to Thermal Design, it is not reasonably likely that Thermal Design would prevail on its claim that it suffered a pecuniary loss. This is because Thermal Design has not shown, and likely cannot show, that it relied on such statement or representation to its detriment.”

07-C0765 Thermal Design, Inc. v. ASHRAE

E.D.Wis., Callahan, Mag.J.