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24 December 2020Americas

Medline accuses competitor of confusing customers over COVID-19 PPE

A manufacturer of healthcare products including personal protective equipment (PPE) has accused a newly incorporated company of trying to confuse consumers during the COVID-19 pandemic.

Illinois-based  Medline filed its complaint at the US District Court for the Central District of California on Monday, December 21.

According to the complaint, Medline is the world’s largest privately held manufacturer and distributor of healthcare products. It has used the trade name Medline for more than 50 years and now, amid the global pandemic, Medline’s customers are reliant on PPE to reduce the transmission of COVID-19.

“Medline is not only doing its part to manufacture and supply critical PPE, it is forced to combat infringers trying to capitalise off its reputation and a global health crisis,” the manufacturer claimed.

According to Medline, California-based  Goldshield Medline Medical Supply is one such infringer.

Goldshield filed Articles of Incorporation in California in March 2020. In July, Medline learnt that Goldshield was offering products such as masks, gloves, and protective clothing under a trade name confusingly similar to Medline’s.

The complaint relied upon 11 of Medline’s existing trademarks (nine of which are incontestable) containing the word ‘Medline’. The marks are registered in a variety of classes.

Goldshield’s offending products are sold under a ‘Goldshield Medline’ trademark. However, despite having the trademark registration symbol next to the ‘Goldshield Medline’ mark on its website, Goldshield does not own a trademark registration for the mark, Medline said. Goldshield has also registered domain names such as goldshieldmedlinegroup.com. On the websites, the company refers to itself as being a Medline company. Medline said that this is to create a false association with Medline, confuse consumers, and divert sales for financial gain.

The manufacturer added that the registrant of the infringing domain names is believed to be Ovid Travel Media Group, based in the Dominican Republic, and that this company has links to China.

As a result of the trademark infringement, unfair competition, and violations of the Anti-Cybersquatting Consumer Protection Act, Medline claimed that irreparable harm will be caused to its reputation. A cease-and-desist letter was sent in August, but the infringing behaviour has persisted.

Medline alleged that the damage suffered is exacerbated by Goldshield’s infringement occurring during a time when Medline’s products are necessary to protect the public health.

The manufacturer has asked the court to permanently enjoin Goldshield from using Medline’s marks and registering/maintaining the infringing domain names. It requested a full accounting of the profits derived from the products sold under Medline’s marks, and that these profits are paid to Medline.

Medline has also requested statutory damages in the sum of $100,000.

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29 April 2020   3M has filed another trademark infringement suit against what it’s called a “deplorable pandemic profiteer”, as the multinational seeks to stop the alleged price-gouging of N95 masks amid the COVID-19 outbreak.
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12 May 2020   A trademark infringement complaint filed by 3M is “short on ultimate facts and long on inflammatory, derogatory, and conclusory assertions”, according to the company accused of price-gouging in the suit.

More on this story

Americas
29 April 2020   3M has filed another trademark infringement suit against what it’s called a “deplorable pandemic profiteer”, as the multinational seeks to stop the alleged price-gouging of N95 masks amid the COVID-19 outbreak.
Americas
12 May 2020   A trademark infringement complaint filed by 3M is “short on ultimate facts and long on inflammatory, derogatory, and conclusory assertions”, according to the company accused of price-gouging in the suit.