Time-barred

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7^th Circuit Court of Appeals

Case Name: United States of America v. Spectrum Brands, Inc.

Case No.: 18-1785

Officials: WOOD, Chief Judge, and MANION and ROVNER, Circuit Judges.

Focus: Time-barred

The district court found that Spectrum Brands, Inc. (“Spectrum”) violated section 15(b) of the Consumer Product Safety Act (“CPSA” or the “Act”), 15 U.S.C. § 2064(b)(3), when its subsidiary failed to timely report to the government a potentially hazardous defect in its Black & Decker SpaceMaker coffeemaker despite years’ worth of consumer complaints about the product. Following an evidentiary hearing as to the appropriate remedy for the reporting violation, the court entered a permanent injunction which, in its final form, requires Spectrum to adhere to its newly implemented CPSA compliance practices and to retain an independent consultant to recommend additional modifications to those practices. Spectrum appeals, contending both that the government’s late-reporting claim is barred by the statute of limitations, that the district court had no authority to enter a forward-looking injunction, and that the court otherwise abused its discretion in awarding permanent injunctive relief, including the requirement that it engage the expert. Finding no merit in any of these challenges, we affirm the judgment.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.