UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKTECNIMED SRL,Plaintiff,- v. –KIDZ-MED, INC., andAMERICAN SCIENTIFIC RESOURCES,INC.,Defendants.
MEMORANDUMOPINION & ORDER
10 Civ. 7277 (PGG)PAUL G. GARDEPHE, U.S.D.J.:Plaintiff Tecnimed SRL (“Tecnimed”) has moved for a preliminary injunctionagainst Defendants Kidz-Med, Inc. and American Scientific Resources, Inc. (“Kidz-Med”),alleging that Kidz-Med has infringed Tecnimed’s trademarks and trade dress in marketing athermometer that competes with Tecnimed’s Thermofocus non-contact thermometer. Tecnimedseeks an order enjoining Kidz-Med from continuing to sell its product in allegedly infringingpackaging. For the reasons set forth below, Tecnimed’s motion will be GRANTED.
Plaintiff Tecnimed is the manufacturer of the “Thermofocus 5-in-1” non-contactthermometer, which permits a parent to take a child’s temperature without disturbing the child.(Cmplt. ¶ 17-18). The Thermofocus is also marketed for use in measuring the temperature of achild’s food, nursery or bath. (Bellifemine Decl., Ex. 2) On March 31, 2008, Tecnimed andKidz-Med entered into a distribution agreement (the “Distribution Agreement”) under whichKidz-Med would market and sell the Thermofocus through retail channels. (Bellifemine Decl.,Ex. 1, ¶ 8.1) The Distribution Agreement provided that Kidz-Med would “make use of Tecnimed’s trademarks, trade names or any other symbols . . . for the only purpose of identifying
Case 1:10-cv-07277-PGG Document 38 Filed 01/18/11 Page 1 of 33