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28 October 2020AmericasSarah Morgan

3M settles mask price-gouging suit

A Minnesota judge has approved an agreement between 3M and a former Marine, resolving a price-gouging dispute over N95 masks.

Yesterday, October 27, Judge Susan Nelson of the US District Court for the District of Minnesota issued a consent judgment and permanent injunction against the individual.

Back in June, 3M had accused the man and his company AMK Energy Services of trademark infringement, as part of a litigation campaign amid the COVID-19 pandemic.

3M claimed that the former major in the US Marine Corps, had “used pressure tactics and lies while repeatedly claiming a false affiliation with 3M that violates 3M’s rights under Lanham Act”.

According to the suit, the defendant had approached 3M in May, falsely claiming to represent a consortium of wealthy individuals and charitable foundations, including the Bill & Melinda Gates Foundation, Richard Branson, and Elon Musk.

The man "claimed to be seeking to purchase $1.143 trillion in 3M N95 respirators to send to underserved populations in Africa. 3M has since confirmed that the Gates Foundation has no knowledge of defendants,” said the claim.

After 3M rejected the approach, the defendant allegedly used the names of the 3M lawyers he’d communicated with as “bait to lure unwitting buyers into placing large amounts of money in escrow to purchase billions of fictitious 3M N95 respirators”.

In response, he attempted to have the suit dismissed, claiming that the business dealings his company had with 3M were “ultimately fruitless” and that “no contracts were finalised and no purchases were ever consummated”.

Under yesterday’s order, the man and his company are permanently enjoined from using the 3M trademarks or claiming any connection to 3M.

“Defendants will promptly and immediately destroy any unauthorised goods and materials within the possession, custody, and control of defendants that bear, feature, and/or contain any copy or colourable imitation of 3M’s marks,” said the order.

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More on this story

Americas
18 January 2021   US customs officials at John F Kennedy International Airport in New York have seized 100,000 counterfeit 3M N95 masks imported from Hong Kong.
Americas
14 December 2021   Multinational 3M has suffered a setback in its litigation campaign against the distributors of N95 masks after a US judge found in favour of arguments made by one of its opponents.
Medtech
17 August 2020   An Amazon seller has agreed to pay almost $200,000 to settle a trademark lawsuit brought by face mask manufacturer 3M over alleged price gouging.

More on this story

Americas
18 January 2021   US customs officials at John F Kennedy International Airport in New York have seized 100,000 counterfeit 3M N95 masks imported from Hong Kong.
Americas
14 December 2021   Multinational 3M has suffered a setback in its litigation campaign against the distributors of N95 masks after a US judge found in favour of arguments made by one of its opponents.
Medtech
17 August 2020   An Amazon seller has agreed to pay almost $200,000 to settle a trademark lawsuit brought by face mask manufacturer 3M over alleged price gouging.