MEDIA ALERT***MEDIA ALERT***MEDIA ALERT
TRIAL BEGINS TOMORROW IN TROVAN, LTD. V. PFIZER, INC.
TRADEMARK INFRINGEMENT FEDERAL LAWSUIT
FOR IMMEDIATE RELEASE
August 16, 1999
Los Angeles, CA--
Trial begins Wednesday, August 18, 1999 at 8:00 a.m. in the matter of Trovan, Ltd. v. Pfizer, Inc. Before the Hon. Lourdes G. Baird in U.S. District Court, Roybal Federal Building, Room 770, 255 East Temple Street, in Los Angeles, CA, with voir dire expected to start at 8:30 a.m. Followed by opening arguments. The trademark infringement and unfair competition lawsuit has the potential to be the largest trademark judgment ever, with damages projected in excess of $100 million. A 4-5 week trial is expected. Trovan, Ltd. And Electronic Identification Devices, Ltd. allege that Pfizer, Inc. Wrongfully misappropriated their Trovan® trademark name to label a new antibiotic introduced in 1998. Trovan, Ltd. has used the Trovan¨ trademark since 1989 to globally market its system of electronic identification devices for biomedical and veterinary applications; holds federal trademark registration No. 1649328 issued by the U.S. Patent & Trademark Office in 1991; and has owned the Internet domain name "www.trovan.com" since 1996. In 1997, Trovan, Ltd. Learned that Pfizer, Inc. Intended to introduce a new antibiotic in 1998 and had falsely applied for an identical mark with the U.S. Patent & Trademark Office. Over Trovan's objections and after this suit was filed, Pfizer launched a campaign to market the Trovan drug allegedly costing in the hundreds of millions of dollars; it became one of the most prescribed antibiotics in the United States, but recently has received negative publicity linking it to multiple possible deaths, along with talk of potential restrictions by the U.S. Food & Drug Administration and product bans by the European Union. Suit was filed December 8, 1997 in Santa Barbara Superior Court and removed to U.S. District Court, Central District of California, Western Division, on January 7, 1998 [Case No. CV 98-0094 LGB (Mcx)]. Trovan, Ltd. is a British corporation and owns the trademark Trovan® at issue; Joseph Masin is president of Electronic Identification Devices, Ltd., a California corporation based in Santa Barbara and the exclusive North American distributor and licensee of Trovan® products. William E. Levin with the Laguna Beach, CA law firm of Levin & Hawes represents the plaintiffs. The first day of trial starts at 8:00 a.m. Thereafter, the trial schedule is Tuesday - Friday 8:30 a.m. - 5:00 p.m., lunch Noon - 1:30 p.m.
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