Magistrate Judge Recommends $18 million Default Trademark Judgement on Behalf of a Medical Device Manufacturer

August 9, 2022

On August 1, 2022, the Firm secured a recommended $18 million judgment on behalf of our client, a multinational healthcare company, against counterfeit manufacturers and distributors that made and sold fake versions of our client’s surgical devices.  In a report and recommendation, the U.S. District Court for the Southern District of Florida praised the “extraordinary efforts” that the Firm and its client took to track down counterfeiters, noting that individual “at the very top of the counterfeiting ring” had “stopped manufacturing and selling these dangerous counterfeits only because [the Firm’s client], with the court’s assistance, stopped him.”   Finding that the bacterially contaminated, defective counterfeits were sold at a “horrific” human cost, the Court held that with the defendants “finally caught, the need for deterrence could not be higher.”  The Court thus found the defendants liable for the maximum possible statutory damages for willful counterfeiting, and held that the defendants should be permanently enjoined from manufacturing, buying, or selling any products bearing our client’s trademarks.

The counterfeiters that were the subject of the Court’s ruling were the final defendants remaining in the case.  The Firm previously secured settlements, including permanent injunctions, against several other defendants who sold and distributed the counterfeit surgical devices. 

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