Civil Litigation,
Intellectual Property
Jun. 21, 2019
Moldex prevails in 8-year earplug brand litigation
A long-running battle between two earplug manufacturers in a trademark infringement dispute that spanned eight years, multiple district courts and two trips to the 9th Circuit finally came to a close Tuesday. After a back-and-forth between plaintiff Moldex-Metric and defendant McKeon Products, Moldex prevailed in enforcing their color trademark as valid.
After eight years, earplug maker Moldex-Metric Inc. prevailed in its attempt to bar competitors from making or selling products similar to its lime green trademark.
The dispute spanned three separate lawsuits against defendants McKeon Products Inc. and Swedish supplier Swedsafe AB, and made two trips to the 9th U.S. Circuit Court of Appeals.
The trial court ruled in favor of McKeon twice, but the ...
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