SOURCE: Cooley Manion Jones LLP

Cooley Manion Jones LLP

February 16, 2011 05:23 ET

Cooley Manion Jones Announces Second Circuit Court of Appeals Denies Kidz-Med's Emergency Motion

Nationwide Recall of Kidz-Med's Product Packaging Begins

BOSTON, MA--(Marketwire - February 16, 2011) - Tony Miele of Miele Law Group P.C., and Jennifer Furey of Cooley Manion Jones LLP on behalf of their client, Tecnimed srl, international pioneer of non-contact temperature measurement technologies, announced today that efforts by Kidz-Med, Inc. and American Scientific Resources, Inc. ("Kidz-Med") to prevent issuance of an injunction against Kidz-Med by the United States District Court for the Southern District of New York have failed. Kidz-Med now must proceed with a nationwide recall of its product packaging of its non-contact thermometers. Kidz-Med argued to both the United States District Court for the Southern District of New York and to the Second Circuit Court of Appeals that the ordered recall should be put on hold because it would cause its thermometers to be off the market for as long as eight weeks and put Kidz-Med at risk losing at least one of its major customers. Both courts rejected Kidz-Med's request for a stay of the recall.

Last fall, Tecnimed discovered that Kidz-Med, Tecnimed's former U.S. distributor, was marketing a non-contact thermometer in packaging remarkably similar to that of Tecnimed's Thermofocus® 5-in-1 non-contact thermometer, even though Kidz-Med was obligated to continue selling its stock of Tecnimed's 5-in-1 Thermofocus thermometer. 

After Kidz-Med refused to adequately remedy the confusion it created in the marketplace, Tecnimed filed a complaint in the United States District Court for the Southern District of New York. In this action, Tecnimed sought an injunction preventing Kidz-Med from continuing to use without authorization Tecnimed's trade dress and trademarks, as well as monetary damages. The court granted Tecnimed's request, ordering that Kidz-Med stop selling the thermometer product in its current packaging and requiring that Kidz-Med initiate a nationwide recall of the infringing product packaging. 

Kidz-Med attempted to the prevent the recall by requesting a stay with the U.S. District Court for the Southern District of New York and then the Second Circuit Court of Appeals. Both courts denied Kidz-Med's request. As a result, the nationwide recall commenced on Friday, February 11, 2011.

Executives at Tecnimed are pleased with the courts' decisions to allow the recall to move forward without any further delays. Meanwhile, the underlying lawsuit continues as Tecnimed seeks damages arising from Kidz-Med's sale of products with infringing packaging and Kidz-Med's breach of contractual obligations. This lawsuit is part of Tecnimed's vigilant efforts to enforce and protect its valuable intellectual property rights and other business assets.

Tecnimed is the manufacturer of the world's first non-contact body temperature thermometer, the Thermofocus® 5-in-1 non-contact thermometer, which was the first thermometer to permit a parent to take his or her child's temperature without having to touch or otherwise disturb the child. 

Please direct any questions regarding this lawsuit to Tecnimed's lead counsel, Tony Miele of Miele Law Group P.C. and Jennifer Furey of Cooley Manion Jones LLP. Visit the websites for Miele Law Group or Cooley Manion Jones to learn more about their IP Litigation Practice Team:  

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