Our San Antonio and Austin offices represent client 3M Company (3M) in a federal lawsuit alleging trademark infringement, false advertising, price gouging and trademark dilution in connection with the defendants' efforts to broker transactions involving tens of millions of 3M's N95 respirator masks.
Norton Rose Fulbright and 3M have agreed that all recoveries will be donated to COVID-19 related charities.
3M is suing Nexus Medical Products, LLC and VinAsia Che Tao, LLC in the US District Court for the Western District of Texas for falsely representing – with the intent to deceive – that they can deliver to consumers tens of millions of 3M N95 respirators based upon an alleged relationship with 3M.
3M has no affiliation with the defendants.
3M has not changed the prices it charges for respirators as a result of the COVID-19 outbreak. It is accusing the defendants in the lawsuit of infringement of its trademarks, false advertising, and illegally using the 3M brand to deceive consumers.
The lawsuit further seeks injunctive relief to protect the public from depositing monies into alleged escrow arrangements for orders for 3M N95 masks that the defendants cannot fulfill. 3M has filed 17 lawsuits in the U.S. and Canada to combat fraud, price gouging and counterfeiting during the pandemic.
The lawsuit (3M Company v. Nexus Medical Products, LLC, et al., Civil Action No. 1:20-cv-00697-LY) is part of 3M's nationwide litigation campaign to prevent price gouging and fraud on unwitting consumers.
Our New York and Los Angeles offices are also representing 3M in 3M Company v. KM Brothers Inc. et al., case number 2:20-cv-05049. In that matter, 3M is suing a third-party seller on Amazon in the US District Court for the Central District of California for selling fake and damaged masks at more than 20 times the list price.