Zimmer Biomet launches TM suit over dental implants
Zimmer Biomet is suing rival dental implant manufacturer Integrated Dental Systems (IDS), claiming that it markets “cheap” replacement parts for Zimmer’s implant systems.
The suit accuses IDS of trademark infringement, saying that IDS’ “Certus” and “Tapered Screw” implant systems are “confusingly similar” to its own “Certain” and “Tapered-Screw Vent” branded implants.
Zimmer is also accusing IDS of false advertising and unfair competition and has asked the court to file an injunction to stop the sale of the two of IDS’ products.
“IDS’ clear intent is to trade off the goodwill of Zimmer Biomet Dental’s industry-leading dental products,” Biomet said in the complaint filed with the US District Court for the District of New Jersey on Monday.
IDS’ marketing “excessively emphasises” the compatibility of its products with industry-leading brands, highlighting the cover for a product brochure that lists the compatibility with Biomet products.
Additionally, IDS offers its products at a “50-80% discount” over similar products sold by Biomet.
The Food and Drug Administration (FDA) granted IDS permission to market the “Certus” and “Tapered Screw” devices in March 2019, but did not say that the system, nor its components were “interchangeable” with Biomet’s, the complaint said.
Harm could also be caused to patients, noting that if a clinician were to use the IDS parts without proper inspection, the durability of the implant could be at risk and could require removal using a trephine.
“Damage caused to a patient’s dental restoration experience… may cast doubt upon the otherwise safe and effective dental implants and abutments manufactured and sold by Zimmer Biomet Dental, resulting in harm to its goodwill and reputation,” Zimmer claimed.
Zimmer is seeking damages for the trademark infringement claims and to bar IDS from marketing its products in association with Zimmer’s.
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