Face mask manufacturer, 3M Company has filed a lawsuit in New York Southern District Court against a New Jersey-based company, Performance Supply, LLC for trademark infringement.
The plaintiff alleges that 3M trademarks was used to perpetrate a false and deceptive price-gouging scheme on unwitting consumers, including agencies of government, during the global COVID-10 pandemic.
The plaintiff reportedly said that the defendant offered to sell millions of 3M-branded N95 masks in a formal quote sent to New York City’s Office of Citywide Procurement in late March.
The plaintiff alleges that the defendant’s quote contained references to 3M’s St. Paul, Minnesota, headquarters and Technical Specification Sheets bearing 3M’s trademarks in an effort to confuse and deceive New York officials to believing Performance Supply, LLC is an authorized distributor of 3M products.
The pliantiff reportedly said that the defendant sought to charge New York more than $6.00 per mask, whereas 3M’s price remains just over $1.00 per mask.
The plaintiff reportedly said 3M will not tolerate individuals or entities deceptively trading off the fame and goodwill of the 3M brand and marks for personal gain amidst the COVID-19 global pandemic.
3M sued the defendants for federal and state trademark infringement, unfair competition, false association, false endorsement, and deceptive acts and practices.
The defendants seek jury and that any damages, costs, or fees recovered by 3M will be donated to charitable COVID-19 relief efforts.
The case is pending.
3M Company v. Performance Supply, LLC
|Judge:||Loretta A Preska|
|Court:||New York Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||April 10, 2020|