Medit Corp. et al v. Renew Digital, LLC, Civil Action No. 1:23-cv-02088-JPB (N.D. Ga., May 9, 2023)

A Korean medical device manufacturer, Medit USA LLC, has sued retailer Renew Digital, LLC, for allegedly infringing sales of certain dental imaging devices in the Northern District of Georgia.  The Defendant is accused of selling intraoral scanner products bearing the Plaintiff’s marks.  According to the Complaint, Defendant sells unused Medit products in their original packaging at certified pre-owned prices, which gives the end user the impression they are buying a genuine Medit product.  Complaint ¶ 28.  Plaintiff asserts that Defendant’s unauthorized sales and misrepresentations amount to trademark infringement because the retailer sells a materially different product than Medit’s i700 intraoral scanner.  For example, Medit asserts Defendant’s products lack the same manufacturer warranty, customer support, and indemnity.  In addition, Medit asserts it has substantial goodwill among the purchasing public and that its recognizable trademarks connote high-quality, dependable products to consumers.  Id. ¶ 20.  Medit alleges Defendant’s infringing use of the trademarks freerides on the mark’s value in order to turn a profit. Id. ¶ 21.

Plaintiff seeks redress for trademark infringement, unfair competition, and false advertising under the Lanham Act, common law trademark infringement and unfair competition, violations of California’s unfair competition laws and false advertising laws, and violation of Georgia’s Uniform Deceptive Trade Practices Act.            

The case has been assigned to Judge Jean-Paul Boulee.