3M price-gouging case ‘crumbles like cookie’, says accused company
12-05-2020
3M ramps up US mask litigation, secures injunction
05-05-2020
BIO 2017: Section 101 raises fundamental policy question, says 3M
21-06-2017
11-06-2020
Haris MM / Shutterstock.com
As opportunistic price-gougers look to capitalise on the COVID-19 pandemic, brands such as 3M have turned to trademark law to try and stop them. Brian Michalek and Erin Westbrook of Saul Ewing Arnstein & Lehr report.
Since the outbreak of COVID-19, US federal courts have seen an uptick in Lanham Act cases. Unlike a typical Lanham Act case dealing solely with some form of trademark infringement or dilution, these cases have largely attacked third-party price-gouging of key medical supplies needed to combat the disease.
In its purest form, the Lanham Act was designed to protect brand goodwill and recognition. In a typical case, a company may seek to enforce its federal trademark against another company that is using a mark that may be confusingly similar. The COVID-19 pandemic, however, has underscored the need for companies to be equipped with other mechanisms to swiftly forestall price-gouging and protect brand reputation within the public forum.
In this situation, the Lanham Act has allowed medical supply companies to quickly leverage its protections to block unauthorised third-party redistribution and consequent price-gouging of essential medical goods.
Start a subscription today to access the LSIPR website.
To access the full archive, digital magazines and special reports you will need to take out a paid subscription.
If you have already subscribed please login.
If you have any technical issues please email tech support.
For access to the complete website, archive, and to receive print publications, choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial with full access, select ‘TWO WEEK FREE TRIAL’.
pandemic, price-gouging, COVID-19, respirators, medical, masks, trademark, Lanham, Act, CoronaCide, Medline, price, Puznak