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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