SOURCE: Cooley Manion Jones LLP

Cooley Manion Jones LLP

January 25, 2011 06:00 ET

New York Court Recalls From the American Market a Competitive Thermometer With a Packaging Remarkably Similar to Tecnimed's IP

BOSTON, MA--(Marketwire - January 25, 2011) - Tony Miele of Miele Law Group P.C., and Jennifer Furey of Cooley Manion Jones LLP on behalf of their client, Tecnimed, announced today that the United States District Court for the Southern District of New York has issued an injunction against Kidz-Med, Inc./American Scientific Resources ("Kidz-Med") related to the sale of Kidz-Med's new thermometer. 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(R) thermometer. Tecnimed responded by filing a complaint against Kidz-Med in the United States District Court for the Southern District of New York, asking the Court to enjoin Kidz-Med from continuing to sell its thermometer in the similar packaging. The Court granted Tecnimed's request, ordering that Kidz-Med/ASR stop selling the Kidz-Med non-contact thermometer using its current packaging, and requiring Kidz-Med to notify retailers that the thermometer has been recalled and instructing each retailer to immediately return all products to Kidz-Med. The lawsuit continues, with Tecnimed seeking damages arising from Kidz-Med's sale of product with infringing packaging.

Tecnimed is the manufacturer of the world's first non-contact body temperature thermometer, the Thermofocus®, which permits a parent to take a child's temperature without disturbing the child. The success of the legal action in New York sends a strong message that Tecnimed is fully prepared to protect the uniqueness of its non-contact thermometer.

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 or to download the full opinion:

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