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Sulzer Mixpac wins trial awarding USD 2 million in damages for counterfeiting of Candy Color trademarks

29/08/2019 12:40:54
 
 
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ImagesClick Image for 300dpi jpg fileSulzer Mixpac wins trial awarding USD 2 million in damages for counterfeiting of Candy Color trademarks

Following a trial, the U.S. District Court for the Southern District of New York issued a Judgment in favor of Sulzer Mixpac in Sulzer Mixpac AG v. A&N Trading Co., A&N Trading Co. Ltd. and Sung Bin An, awarding USD 2 million in damages and imposing a permanent injunction against further infringement.

Sulzer Mixpac filed the case during the 2016 Greater New York Dental Meeting (GNYDM) after an exhibitor, A&N Trading Co., displayed dental mixing tips that used Sulzer Mixpac’s Candy Colors™ (Mixpac’s Candy Color trademarks include yellow, teal, blue, pink, purple, and brown). For examples of Accused’s mixing tips in yellow, teal, and blue, below please refer to Image 1.

Sulzer Mixpac later learned that the mixing tips were made by Seil Global of Korea that was previously ordered by the same court not to offer certain mixing tips. Defendant Sung Bin An was a Seil Global employee who displayed the infringing mixing tips during the 2016 GNYDM. He is also the son of Seil Global’s CEO and President. The court also found that An’s companies A&N Trading Co. and A&N Trading Co. Ltd. were the alter egos of Seil Global.

The Defendants mistakenly argued that using the Candy Colors on a different location of the mixing tip was not infringing. The court confirmed that Sulzer Mixpac’s Candy Colors are a strong trademark for its dental system and that use of the Candy Colors by the Defendants was intended to cause confusion.

The court found that the Defendants’ infringement was willful and awarded Sulzer Mixpac USD 2 million in statutory damages. Further, the court issued a Permanent Injunction that prohibits infringing use of Sulzer Mixpac’s Candy Colors on dental mixing tips by An, his companies, or Seil Global.

Image 1: Examples of Accused’s mixing tips in yellow, teal and blue.

To see the story on the Sulzer website click here: https://www.sulzer.com/en/shared/news/2019/08/29/12/53/sulzer-mixpac-wins-trial

About Sulzer Mixpac

Sulzer is a global leader in fluid engineering. We specialize in pumping, agitation, mixing, separation and application technologies for fluids of all types. Our customers benefit from our commitment to innovation, performance and quality and from our responsive network of 50 world-class manufacturing facilities and 100 service centers across the globe. Sulzer has been headquartered in Winterthur, Switzerland, since 1834. In 2018, our 15’500 employees delivered revenues of CHF 3.4 billion. Our shares are traded on the SIX Swiss Exchange (SIX: SUN).

Through its MIXPAC, COX, transcodent and GEKA brands, Sulzer develops and delivers innovative fluid applicators for the dental, adhesives, healthcare and beauty markets. Our IP-protected applicator solutions leverage our expertise in plastic-injection molding, micro-brushes and two-component mixing to make our customers’ products precise, safe, unique and more sustainable.

The image(s) distributed with this press release may only be used to accompany this copy, and are subject to copyright. Please contact DMA Europa if you wish to license the image for further use.

Editor Contact

DMA Europa Ltd. : Anne-Marie Howe
Tel: +44 (0)1562 751436 Fax: +44 (0)1562 748315
Web: www.dmaeuropa.com
Email: anne-marie@dmaeuropa.com

Company Contact

Sulzer Mixpac Ltd. : Ksenia Panetskaya
Tel: +41 81 414 7233 Fax:
Web: www.sulzer.com
Email: ksenia.panetskaya@sulzer.com

 
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