Doesn't sound that horrible to me. Once a change in packaging is made,(which I believe has already happened)they are good to go.
Plaintiffs’ motion for a preliminary injunction is GRANTED.
CONCLUSION
It is hereby ORDERED that:
(1) Defendants Kidz-Med, Inc. and American Scientific Resources, Inc., and their officers, agents, servants, employees, and attorneys and all persons in active concert or participation with any of them who receive actual notice of this order by personal service or otherwise be and they hereby are enjoined and restrained, pending the hearing and determination of this action, from marketing or selling the new Kidz-Med non-contact thermometer using words, symbols, trade dress are any combination thereof that are likely to cause confusion between the Thermofocus 5-in-1 and Kidz-Med’s new non-contact thermometer, including using the current packaging for the Kidz-Med product. Within five (5) business days of the issuance of this memorandum opinion and order, the parties shall submit a proposed order specifying the changes in packaging that Kidz-Med will observe in order to eliminate this risk.
(2) It is further ORDERED that, within seven (7) business days from the date of this order, Kidz-Med shall notify in writing each customer to whom it has sold or distributed the Kidz-Med non-contact thermometer in the confusing trade dress that the thermometer has
been recalled pursuant to the order of this Court, requesting that the addressee immediately
cease the sale or distribution of the product and that it return all product in its possession,
custody, or control to Kidz-Med pending Kidz-Med's replacement of the packaging with noninfringing
packaging, and offering to reimburse the addressee for the reasonable costs incurred
in doing so.
Dated: New York, New York
January 18,2011
SO ORDERED.
___ fr;J~~
Paul G. Gardephe
United States District Judge
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