Press Release
Press Release
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
02.14.11
New York—Pillsbury's New York litigation team recently won a major trademark infringement victory for Italian electronics manufacturer Tecnimed, not only securing an injunction on a rival's infringing packaging, but also a recall of the competitor's product from more than 1,000 retail outlets.
Tecnimed had settled a previous dispute with Kidz-Med over the terms of an agreement for distributing Tecnimed's Thermofocus non-contact thermometer in the U.S. The distributor then launched a competing product last summer, using what the Southern District of New York found to be confusingly similar packaging.
Winning this remedy hinged on proving the defendant's bad faith, as well as its inability to pay damages because of insolvency. The judge was persuaded that aside from infringing on the packaging, Kidz-Med sowed confusion in the marketplace by lifting website copy and a physician's review of the Thermofocus, as well as putting "Thermofocus" metatags on their website.
Pillsbury works aggressively to protect clients' IP assets and has represented clients in complex copyright, patent, trademark and trade secrets litigation for nearly a century. The firm has a distinguished record of successful trademark enforcement and defense before federal and state courts and the Trademark Trial and Appeal Board, in addition to numerous international trademark forums. The team has litigated a large number of cases involving all types of trade symbols – word marks, logos and trade dress packaging and product design, frequently with overlapping design patent, utility patent and copyright claims.
New York litigation partner David Keyko first brought in the assignment through a referral from another law firm in London which was impressed by Pillsbury's previous work.
About Pillsbury
Pillsbury Winthrop Shaw Pittman LLP is a full-service law firm with market-leading strengths in the energy, financial services, real estate and technology sectors, and increasingly healthcare and education. Based in the world's major financial and technology centers, Pillsbury counsels clients on global regulatory, litigation and corporate matters. We work in multidisciplinary teams that allow us to anticipate trends and bring a 360-degree perspective to complex business and legal issues — helping clients to take greater advantage of new opportunities and better mitigate risk. This collaborative work style helps produce the results our clients seek.