Some years ago, American catfish farmers got cross when cheap Vietnamese catfish started flooding the US market. Their expensive lawyers forced the Vietnamese to stop calling their catfish catfish, on the grounds it was a different family to, though in the same Siluriformes order as, American catfish. The Vietnamese relabelled their exports as basa or tra (meaning, in Vietnamese, "catfish"). Sales continued to thrive.

Undeterred, the US catfish farmers' lawyers changed their strategy, successfully securing import duties on Vietnamese catfish on the grounds that they were being "dumped", or sold at unfairly low prices, in the American catfish market. To do so, they needed to prove that Vietnamese catfish were a "like product" to American catfish, having previously spent many thousands of dollars in fees to establish that Vietnamese catfish were not, in fact, catfish.