Business ProfileforB Merry Studio

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the governments allegations, which have not yet been proven.

On February 3, 2022, in the Superior Court for the State of Alaska, Third Judicial District at Anchorage, the State of Alaska (Plaintiff), through its Office of the Attorney General filed a Complaint for Injunctive Relief, Civil Penalties and Restitution against B. Merry Studio, Inc. (Defendant). Defendants are B. Merry Studio, Inc., Robert (“Bob”) Merry, Josephine Merry, Mary Uy, Mark Uy, and Judylyn Uy.

B. Merry Studio, Inc. is accused of violating Alaska’s Unfair Trade Practices Act by replacing the federally required “Made in the Philippines” labels on certain products and claiming the products are made in the State. In addition, B. Merry Studio, Inc. is alleged to be illegally selling products advertised as being made from Steller’s sea cow when the products are actually made from other mammals.

B. Merry Studio, Inc. sells knives, carvings, ornaments and other products to retailers and consumers. The State’s lawsuit alleges B. Merry Studio, Inc. ships the raw materials for its products, such as antlers and bone, to the Philippines for manufacturing. Finished and nearly finished products are shipped back to B. Merry Studio, Inc. with “Made in the Philippines” stickers affixed to them. B. Merry removes the “Made in Philippines” stickers and replaces them with stickers that state “B. Merry, Alaskan Made”. The company also sells knives with the words, “B. Merry, Alaskan Made” etched into the blades, even though those knives are not made in Alaska.

B. Merry Studio, Inc. also placed the “Made in Alaska” emblem on products that were manufactured outside the state, which is an infringement upon the State’s trademark of that emblem, according to the lawsuit.

Further, B. Merry claims some of its knives are made from Steller’s sea cow, a species that has been extinct for more than two centuries. However, genetic testing of these products showed that they were actually made from other species, such as caribou and bowhead whale, an endangered species.

The lawsuit seeks civil penalties and an injunction to prevent B. Merry Studio, Inc. from falsely advertising products primarily manufactured in the Philippines as being made in Alaska.

On March 21, 2022, in the Superior Court for the State of Alaska, Third Judicial District at Anchorage, the State of Alaska (Plaintiff), through its Office of the Attorney General and B. Merry Studio, Inc., Robert Merry, Josephine Merry, Mary Uy, Mark Uy and Judylyn Uy (Defendants) entered into a Stipulation for Preliminary Injunction. 

The Defendants, as a part of the Injunction, while agreeing to no admission of wrongdoing have agreed to cease importing any future products from the Philippines during the pendency of this case or until further court order.   Defendants have agreed to mark any products still in inventory or their possession that were received from the Philippines with a “Made in the Philippines” country of origin sticker and sell them with said stickers affixed. 

The Defendants have agreed to stop selling any products labeled and advertised as "Steller’s sea cow" and will thereafter notify all customers that they are discontinuing all future sales of any products labeled and advertised as "Steller’s sea cow".

This Preliminary Injunction requires that the Defendants (a) contact every person that purchased, sold, or is attempting to sell products on consignment from the Defendants that are labeled, etched, or otherwise advertised as “Made in Alaska” or “Alaskan Made” in the last six years that could have been worked on in the Philippines.  The Defendants must inform such persons that some of the product(s) may have been worked on in the Philippines and provide confirmation of such contact; and (b) contact every person that purchased, sold, or is attempting to sell such products on consignment from the Defendants labeled or advertised as "Steller’s sea cow" in the last six years and to inform such persons that the product(s) may not be Steller’s sea cow, and that the products may be bowhead whale, and provide confirmation of such contact.

For more information, please contact the State of Alaska Department of Law at https://law.alaska.gov/ or (907) 269-5100.