Martha Stewart, Emeril Lagasse sued for allegedly selling knock-off knives

Martha Stewart and Emeril Lagasse pose together on April 4, 2012, in New York.

/ Getty

(CBS News) Martha Stewart, Emeril Lagasse and the Home Shopping Network are being sued by a German trade association for allegedly selling knock-off knives.

The lawsuit (read it here) accuses the domestic diva, celebrity chef and shopping channel of trademark infringement for selling knives purported to be made in Solingen, Germany - a region known for making high-quality cutlery - when they were actually made in China.

The German Chamber of Industry and Commerce Wuppertal-Solingen-Remscheid, a trade association that holds the rights to the Solingen name, filed the suit this week in U.S. District Court in Florida.

The knives are marked with the signature trademark "Emerils" and "Solingen, Germany," on one side of the blade and are marked "China" on the other, according to the lawsuit.

The complaint cites "willing infringement" on the Solingen trademark, claiming that HSN "advertises, distributes, promotes, offers for sale and sells various knife products bearing counterfeits of the Chamber's federally registered mark."

Stewart is named in the suit because her company, Martha Stewart Living Omnimedia, owns Lagasse's product line. The suit calls her the "primary controlling force" behind MSLO and says she was "responsible for the licensing, advertising, promotion and sales" of the knives.

The lawsuit also highlights negative customer reviews of the cutlery on HSN's website.

"I'm disappointed in the video when Emeril stated that the Santouku knife was made in Germany," one consumer wrote, according to the complaint. "That is terrible when a top chef lies to you on TV." Other buyers allegedly complained that the knives "were rusting and breaking in half."

The trade association is seeking an injunction preventing the defendants from selling the knives, The Hollywood Reporter notes, as well as up to $2 million in damages for each instance of trademark infringement.

[GChu]

This is a nuisance lawsuit by the "German trade association," obviously prompted by the euro crisis that's taking a toll on the knife makers in Soligen.

Soligen is the name of a city, and it's as generic as drinking the Kool Aid. The New York Times reported the EU is the BIGGEST destination for Chinese exports, and this contradicts poor quality. The nuisance lawsuit of the "German Trade Association" in response to competition from China, the euro crisis and the global economy indicates the demise of the knife industry in Soligen is on the horizon.

It is deplorable that the "German Trade Association" is viciously exploiting the name of Martha Stewart and consumer misunderstanding in its nuisance lawsuit, abusing and misusing the American legal system, and getting free media promotion for "Soligen knives."

The media's fawning over the Soligen's "reputation" for "fine knives" is challenged by Seki City, Gifu Prefecture, a small town in the middle of Japan which is world famous for fine knives that dates back to the 13th century.

Contrary to its nuisance lawsuit, the German Trade Association's "beef" is with China, not the legal sale of the high-quality "Emeril" branded knife, which is better than or comparable to knives of several factories in the city of Soligen.

[memsman01]

It's actually spelled Solingen. The day that the Chinese begins to take some pride in what they make cannot come soon enough. Perhaps then they wouldn't need to imprint "Solingen" on their cutlery for people to buy them. Ask anyone with money in China: Would you rather buy something you can verify what is, or do you not care?

[teapotfools]

What's the big deal??
Isn't this a "MARKETPLACE ISSUE"?
It's a FREE MARKET, right??
Isn't this the REPUBLICAN WAY ??

MAKE BIG BUCKS AND HIDE IT OVERSEAS, right??
That's what MR.ONEPERCENT is all about ain't it??

Shut up and KEEP BUYING like the FoxNews sheep that you are...

[knucklecheese]

What are you TALKING about? Are you up to date on your medication?

[tsigili]

that sounds like a valid lawsuit, over deception.

[Henri_Rochard]

ANYTHING for sale that's the least bit connected to Martha Stewart is pretty much guaranteed to be made in China.

[Kieren1]

Martha's at it again. Seems like she's regularly in the news for trying to make money illegally. "Celebrities" trying to make even more preposterous amounts of money selling shlock and lying about it in the process ... unfortunately these folks will do anything for more money. Greed plain and simple. No surprises here ...

[jimpenland]

in new orleans several years ago, our friend, an LAPD sergeant, was not allowed to be seated in emeril's restaurant because she was wearing a nice pair of bermuda shorts. we decided at the time that his values were somehow upside-down-inside-out, and i guess this is just more of the same. get a clue, emeril, and that includes picking your friends / business associates (i.e. martha seward, convicted felon NOT), not to mention lying to your custmers on tv...

[memsman01]

I hope they pay dearly for this one. No doubt they willfully infringed on the trademark. That's triple damages.
Let them fry, I say.

[Gormone]

I keep saying it, and the headlines keep confirming it. Everything avalible in the open market is a corporate-media lie! Boycott television, it's time to let the rich pigs suck it!

[Robert_M1]

I've never had any good luck with any of Emeril's high dollar products. Has been a waste of my money.

[Brooklyn_Reader]

I'm sure it seemed like a great idea to start with. Aside from the trademark infringement and the origin deception, the biggest problem I've seen with mass-produced Chinese consumer goods has been quality control. The factories have no skin in the game. It's not their names on the products, they'll sometimes substitute the cheapest materials they can get away with, and the production-to-market times are long enough that they'll be done and paid before anyone notices.

If you're serious about cooking, the right couple of decent knives can be the most important things in your kitchen. Pattern, material and workmanship are all important. It's hard to go wrong with Solingen, but there are excellent knives from elsewhere, too. I've even seen a couple from China, but their own names were on them.

[sjtom]

I can't stand either of those dolts who are both legends in their own minds.