Dec 22 2009
Briggs Medical Service Company ("Briggs"), of West Des Moines, Iowa, through one of its affiliates, D-M-S Holdings, Inc. ("D-M-S") of Waukegan, Illinois, has filed a lawsuit against Veridian Healthcare, LLC ("Veridian"), and individuals Steven M. Bisulca and Michael Mazza in United States District Court, Northern District of Illinois, Eastern Division (Case 1:09-cv-07726 D-M-S Holdings, Inc. v. Veridian Healthcare, LLC. et al).
In the lawsuit D-M-S seeks injunctive and monetary relief from all three defendants for federal copyright infringement, federal trademark infringement, for violations of the Illinois Consumer Fraud and Deceptive Practices Act, violations of the Illinois Trade Secrets Act, breach of contract and interference with Briggs' current, past and prospective customers and business relationships.
The lawsuit alleges that all three defendants are engaging in unauthorized copying of, and preparation of derivative works based on D-M-S' copyrighted medical supply products instruction guides and the packaging of consumer medical supply products, and are using these infringing works in connection with the sale of similar Veridian consumer products. The lawsuit asserts that all three defendants are engaged in infringing D-M-S' trade dress by copying D-M-S packaging for use by Veridian in its similar consumer products. The complaint also asserts a number of claims against defendants Bisulca and Mazza as individuals arising out of their former employment at D-M-S.
According to Stephan P. Hoffman, Chairman of Briggs, "This lawsuit is consistent with our commitment to protecting our intellectual property rights in our copyrighted and trademarked products and it is our intention to vigorously pursue violators of these rights."