Defendant: Aperta LLC, a Florida company; Novomedicus Inc., a Florida corporation; HIDIH Surgical, a European corporation; Dietmar H. Wittmann; Paul Van Deventer
Date: Dec 23, 2010
Judge: Lynn Adelman
Trademark infringement action. Defendant Wittmann wrongfully obtained ownership of the WITTMANN PATCH mark, which is used to identify an adjustable artificial fascial prosthesis product used for surgical purposes, while he partnered with the plaintiff. He failed to disclose that the plaintiff had the right to use the mark, even though the plaintiff was controlling the quality, sales and distribution of the product. Later, he secretly gained an ownership interest in a competing company, defendant HIDIH, that began distributing the same product in foreign markets. He started up defendant Novomedicus to distribute the patch product in the U.S. The plaintiff’s website was taken down and its vendors were contacted by the defendants so they could interfere with the plaintiff’s business. The defendants continue to use the WITTMANN PATCH mark without authorization and injunctive relief is sought.