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Commentary

To Tackle COVID Price Gouging, 3M Turns to Trademark Law

April 14, 2020

Law360

3M, the country's largest producer of crucial N95 masks, filed lawsuits against two companies for trying to resell millions of its N95 masks at more than four times the original price. While the lawsuits do not accuse the company of selling counterfeit masks or masks that were improperly imported, 3M does claim that the companies misled buyers into thinking the prices were authorized by 3M. Law360 contacted Finnegan partner Mark Sommers for his thoughts on the trademark implications of price gouging.

Mark said, “While price gouging may not be technically illegal under the Lanham Act for traditional trademark infringement, the law prohibits tricking a consumer into believing that the sale of a price-gouged product was somehow approved or authorized by the manufacturer.”

Mark also commented on how high-profile trademark battles can result in good press. He said, “The public sees a company standing up against what they view as an unethical and unconscionable money-grab for [personal protective equipment] needed by our nation's health care workers battling the pandemic on the frontlines, and that publicity is worth every penny, legal merits aside."

Read the full article here.

Tags

COVID-19

Related Practices

Trademark and Brand Management

Trademark Litigation and Trials

Related Industries

Consumer Goods and Services

Consumer Products

Related Offices

Washington, DC

Related Professionals

Mark Sommers
Partner
Washington, DC
+1 202 408 4064
Email

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