Does the COVID Crisis Warrant Ex Parte Relief to Address Price Gouging under Trademark Theories?
Yes, with some reluctance.
3M, the well-known manufacturer of n95 masks, has filed a number of lawsuits throughout the country asserting trademark claims against defendants who are offering to sell to the government and others “3M” masks at extremely elevated prices. 3M asserts claims for trademark infringement, false advertising, dilution, among others. Part of the harm 3M argues is that, aside from the defendants not being authorized to sell 3M products, 3M does not want…