A team from Norton Rose Fulbright’s San Antonio and Austin offices secured a second judgment for client 3M Company (3M) permanently enjoining trademark infringement, false advertising, price gouging and trademark dilution in connection with an illegal scheme to broker transactions involving tens of millions of 3M's N95 respirator masks. In addition to permanent injunctive relief, the judgments included awards totaling in the seven-figures for damages and attorney’s fees. 3M donates all monetary damages from these lawsuits to COVID-19 related nonprofits.
3M sued Nexus Medical Products, LLC and VinAsia Che Tao, LLC in the US District Court for the Western District of Texas for falsely representing—with with the intent to deceive—that they could deliver to consumers tens of millions of 3M N95 respirators based upon an alleged relationship with 3M. 3M has no affiliation with the defendants. The court recently entered a final judgment against VinAsia Che Tao having previously entered final judgment against Nexus Medical.
The final judgment states that VinAsia Che Tao “represented to unwitting customers that it had contractual relationships with 3M and represented a false affiliation with 3M and false access to 3M's products. VinAsia used the 3M trademarks and 3M brand to profiteer from 3M's reputation in the middle of an unprecedented health crisis.”
3M has launched a website that provides more information on these and other 3M efforts to fight respirator fraud, counterfeiting, and price gouging.The lawsuits (3M Company v. Nexus Medical Products, LLC, et al., Civil Action No. 1:20-cv-00697-LY and 3M Company v. VinAsia Che Tao LLC, Civil Action No. 1:20-CV-1097-LY) are part of 3M's nationwide litigation campaign to prevent price gouging and fraud on unwitting consumers.