SOURCE: Cooley Manion Jones LLP

March 10, 2011 05:43 ET

New York Court Orders Kidz-Med to Immediately Notify All Retailers of Product Packaging Recall in Ongoing Lawsuit With Tecnimed srl

NEW YORK, NY--(Marketwire - March 10, 2011) - Cooley Manion Jones and Miele Law Group on behalf of their client, Tecnimed srl, international pioneer of non-contact temperature measurement technologies, announced today that the continued attempts of Kidz-Med, Inc. and American Scientific Resources, Inc. to avoid the nationwide product packaging recall ordered by the United States District Court for the Southern District of New York have failed again. Kidz-Med argued that its obligations under the Court's January 18th Order required it only to notify customers to whom Kidz-Med had directly sold its product of the recall, not to all retailers who received the infringing packaging from distributors. 

Judge Paul Gardephe of the United States District Court for the Southern District of New York found that Kidz-Med's arguments lacked merit, and held that Kidz-Med had represented on numerous occasions to the Court that it "fully understood" the scope of the recall extended to all retailers who received Kidz-Med's product in the infringing packaging, regardless of whether Kidz-Med had directly sold to the retailer or not. Kidz-Med must now send recall notices to all retailers who received the Kidz-Med product in infringing packaging from Kidz-Med wholesale distributors.

The Court noted that Kidz-Med's conduct was inconsistent with its previous representations to the Court regarding the expected scope of the recall, and specifically stated:

"Having submitted to this Court an estimate of the costs associated with a recall of product from both wholesalers and second-level retail customers, and having induced the Court to rely on its submission for purposes of a bond, Kidz-Med cannot now credibly argue that it understood that the Court's recall order would only apply to retailers with whom it had direct dealings."

Kidz-Med previously 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 Court's decision to again allow the full 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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