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Thermometer recalled for similar packaging to competing product

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. In a release announcing the injunction, Tony Miele of Miele Law Group P.C., and Jennifer Furey of Cooley Manion Jones LLP on behalf of their client, Tecnimed, noted that 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 U.S. 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 withinfringing packaging.

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