Abbott sues ex-employee over COVID-19 tests
Abbott Laboratories has asked an Illinois court to halt a former employee from using its name and trademarks to sell COVID-19 diagnostic tests.
Abbott, in a suit filed yesterday, October 20, at the US District Court for the Northern District of Illinois, alleged that its ex-employee was fraudulently claiming that he is still employed by the company to sell diagnostic test and testing equipment.
The former sales representative was reportedly fired in April for falsifying expense records. According to Abbott, he was also secretly working for another company at the same time.
He has “refused to return his Abbott-issued laptop, and he is using Abbott confidential information and trade secrets—including contact information for Abbott’s customers and his old Abbott emails—to solicit Abbott’s customers”, said the suit.
The ex-employee has registered the domain name “abbottdx.com” and created an email account using this domain, according to the claim. He is using this email account and an email signature “that is nearly identical to the email signature designed by Abbott for use by its employees” and which features Abbott’s trademarks.
Companies allegedly contacted by the former representative included HealthTrust and Johns Hopkins Medicine, both Abbott customers.
In emails exchanged with Abbott customers, the ex-employee pretended to be continuing his duties for Abbott and tried to sell COVID-19 tests and testing equipment made by Bloom Diagnostics and LuminUltra, according to the claim.
Abbott has submitted claims of trademark infringement, counterfeiting, false designation of origin, dilution, cyberpiracy, violation of the Defend Trade Secrets Act of 2016, breach of contract, fraud and unjust enrichment.
The pharmaceutical company is seeking injunctive relief, the delivery of the former employee’s Abbott-issued laptop and any Abbott files, and triple damages.
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