Pfizer, Inc. Permanently Enjoined From Using Trovan Mark for its Antibiotic and Must Cancel its Mark in Trovan, Ltd. v. Pfizer, Inc. Trademark Infringement Case
Final Judgment of $143 Million entered against Pfizer, Inc.
FOR IMMEDIATE RELEASE
February 25, 2000
Los Angeles, CA. --
US District Court Judge Lourdes G. Baird yesterday issued a permanent injunction against Pfizer, Inc. (NYSE:PFE), ordering the company to stop using the Trovan® mark as of October 16, 2000 and, until then, to "take immediate steps to...destroy all written marketing and promotional materials...and to stop making use of the word "TROVAN." The court canceled Pfizer's registration of the TROVAN mark with the US Patent Office, effective immediately. Final judgment in the amount of $143 million was entered against Pfizer, and the case sets an internationally important benchmark for trademark infringement and unfair competition cases [Trovan, Ltd. v. Pfizer, Inc., Case No. 98-0094 LGB (Mcx)].
Among other rulings issued yesterday, the Court declined Trovan's motion for treble damages or Pfizer's profits, finding that Trovan has already been "amply" compensated by the $143 million jury verdict, which was sufficient to "ensure that the guilty party will not return to its former ways and once again pollute the marketplace." The Court ordered Pfizer to pay prejudgment interest on that amount since the date of the October 12,1999 verdict. The case was tried by William E. Levin and Donald L. Abrams with the Laguna Beach, CA. law firm of Levin & Hawes. Percy Anderson and Robert F. Scoular from the Los Angeles office of Sonnenschein Nath & Rosenthal based in Chicago, IL. and Edward J. Horowitz of Los Angeles, CA. recently joined the litigation team.
"We have waited patiently for this day to come," said Joseph Masin, president of Electronic Identification Devices, Ltd., a co-plaintiff in the case, "and are pleased at the outcome. Now, our hope is that Pfizer and its management will be accountable for their wrongdoing and pay this judgment."
"In anticipation of an inevitable appeal and post-judgment motions," explained William E. Levin, "we have assembled an impressive appellate team that is committed every step of the way to protect and defend Trovanís rights. Pfizer may continue to use its vast financial resources to try and defeat justice, but we are confident that Trovan will prevail on appeal, upholding the jury's decision based on overwhelming evidence of blatant and egregious trademark infringement by Pfizer."
The trial began August 18, 1999, and, on September 22, the jury unanimously found Pfizer, Inc. liable for willful, bad faith trademark infringement and unfair competition, awarding Trovan, Ltd. $143 million in general and punitive damages on October 12, 1999. Trovan, Ltd. has used the Trovan® trademark since 1989 to globally market its system of biomedical electronic identification devices, and holds federal trademark registration No. 1649328 issued by the US Patent & Trademark Office in 1991, which became "incontestable" before the suit was filed. Trovan also has several US Food & Drug Administration approvals for its products.
Trovan, Ltd. is a British corporation based in Douglas, Isle of Man and owns the Trovan® trademark; Electronic Identification Devices, Ltd. is a California corporation based in Santa Barbara and is the exclusive North American distributor and a licensee of Trovan® products. Trovan, Ltd. globally markets a system of biomedical devices and also controls a portfolio of valuable patents for technology products such as radio identification systems, and it has recently expanded into pharmaceutical delivery systems.
Press Contact: Kathy Pinckert