Intellectual Property
Trademark Infringement
Unfair Competition
Electronic Waveform Lab Inc. v. RJS Industries Inc., Home Medical Services
Published: Sep. 10, 2005 | Result Date: Aug. 11, 2005 | Filing Date: Jan. 1, 1900 |Case number: CV049220JSL Bench Decision – $7,172,900
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
Defendants RJS Industries Inc. and Home Medical Services marketed an electronic muscle stimulator under the mark "H-REFLEX" in competition with plaintiff Electronic Waveform Lab Inc.'s "H-WAVE" machine. The defendants promoted their product by citing medical studies performed, not on their own product, but on the plaintiff's H-WAVE machine.
Result
The plaintiff was awarded $7,170,902 in economic damages, plus attorney's fees. The Court also issued a permanent injunction.
Other Information
The jury determined liability. Other issues, including damages, were tried by the Court.
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