South Bend, Indiana – Attorneys for Plaintiff, Zimmer, Inc. (“Zimmer”) of Warsaw, Indiana, filed suit in the Northern District of Indiana alleging that Defendants, Zimmer MedizinSystems of Irvine, California and Zimmer Elektromedizin GmbH, of Neu-Ulm, Germany, infringed its rights for multiple trademarks, as seen below:
Zimmer is seeking a permanent injunction, damages, costs, and attorneys’ fees.
According to the complaint, Zimmer is a globally trusted brand for its musculoskeletal care and has utilized the mark ZIMMER in connection with its musculoskeletal goods and services since 1927. Zimmer claims it began using the “Z” logo by 2004 and consumers have come to associate the “Z” logo with Zimmer goods and services including those services for sports medicine and podiatry. Zimmer alleges it has a great amount of commercial success and its annual sales are in the billions, with multiple millions of dollars being used for advertising and promotions each year.
Zimmer claims Defendants have offered goods and services relating to cosmetics and aesthetics applications for years, with which Zimmer had no issue. According to the complaint, the issues began when Defendants began using “Zimmer” “Zimmer MedizinSystems” and “Zimmer MedizinSysteme” (the “Unauthorized Marks”) for the treatment of sports and podiatry injuries. Zimmer alleges Defendants have also used a “Z” logo to promote and advertise their goods and services.