The court found that Sulzer Mixpac has a strong likelihood of success on its breach of contract claim and ordered DXM to stop selling its candy colored wing cover dental mixing tips. In particular, the court preliminarily enjoined DXM from:
- Selling, offering for sale, distributing, or Advertising the Accused Mixing Tips with
Candy Colored wing covers (shown right)
- or other dental mixing tips that bear the MIXPAC Candy Colors™ in any manner,
and/or any colorable imitations thereof
- Using any of the MIXPAC Candy Colors™ in connection with the sale, offering for sale,
distributing or advertising of dental mixing tips or accessories including in any manner
or location on the products, or on packaging or displays for the products;
- And sssisting, aiding, or abetting any other person or entity in engaging in or performing
any of the activities described in the paragraph above.
For more than 20 years, Sulzer Mixpac has used its Candy Colors trademarks on dental mixing tips and for accessories like cartridge caps and intra-oral tips. Sulzer Mixpac owns numerous U.S. Trademark Registrations for its Candy Colors (teal, blue, purple, yellow, pink and brown). In more than 25 successful U.S. court cases, Sulzer Mixpac has gained judgments and injunctions that prohibit selling of imitation products.
Sulzer Mixpac uses a popular “LOOK FOR the CANDY COLORS” Trademark message – only genuine mixing tips have MIXPAC™ stamped on the top edge. Made only in a modern robotic clean room factory in Switzerland, Sulzer Mixpac dental products are engineered to consistently mix and apply dental compositions for proper results.
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PR & Digital Marketing Manager
Phone: +41 81 414 70 40
Sulzer Mixpac AG