06 November 2019
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Sulzer Mixpac wins $2m in damages

The US District Court for the Southern District of New York has issued a Judgment in favour of Sulzer Mixpac against A&N Trading Co. and Sung Bin An, awarding $2 million in damages and imposing a permanent injunction against further infringement.

Sulzer Mixpac filed the case during the 2016 Greater New York Dental Meeting (GNYDM) after A&N Trading Co., displayed dental mixing tips that used Sulzer Mixpac’s Candy Colors.

The mixing tips were made by Seil Global of Korea that was previously ordered by the same court not to offer certain mixing tips. Defendant Sung Bin An was a Seil Global employee who displayed the infringing mixing tips during the 2016 GNYDM. He is also the son of Seil Global’s CEO and president. The court also found that An’s companies A&N Trading Co. and A&N Trading Co. Ltd. were the alter egos of Seil Global.

The Defendants argued that using the Candy Colors on a different location of the mixing tip was not infringing. The court disagrees and that the Defendants’ infringement was wilful and awarded Sulzer Mixpac $2m in statutory damages. Further, the court issued a Permanent Injunction that prohibits infringing use of Sulzer Mixpac’s Candy Colors on dental mixing tips by An, his companies, or Seil Global.

Tom Austin-Morgan

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Sulzer Mixpac (UK) Ltd

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