Media release

Sulzer Mixpac wins trial awarding USD 2 million in damages for counterfeiting of Candy Color trademarks

August 29, 2019

Following a trial, the U.S. District Court for the Southern District of New York issued a Judgment in favor of Sulzer Mixpac in Sulzer Mixpac AG v. A&N Trading Co., A&N Trading Co. Ltd. and Sung Bin An, awarding USD 2 million in damages and imposing a permanent injunction against further infringement.

Mixpac Candy Colors

Sulzer Mixpac filed the case during the 2016 Greater New York Dental Meeting (GNYDM) after an exhibitor, A&N Trading Co., displayed dental mixing tips that used Sulzer Mixpac’s Candy Colors™ (Mixpac’s Candy Color trademarks include yellow, teal, blue, pink, purple, and brown).

Sulzer Mixpac later learned that the mixing tips were made by Seil Global of Korea that was previously ordered by the same court not to offer certain mixing tips. Defendant Sung Bin An was a Seil Global employee who displayed the infringing mixing tips during the 2016 GNYDM. He is also the son of Seil Global’s CEO and President. The court also found that An’s companies A&N Trading Co. and A&N Trading Co. Ltd. were the alter egos of Seil Global. 

The Defendants mistakenly argued that using the Candy Colors on a different location of the mixing tip was not infringing. The court confirmed that Sulzer Mixpac’s Candy Colors are a strong trademark for its dental system and that use of the Candy Colors by the Defendants was intended to cause confusion.

The court found that the Defendants’ infringement was willful and awarded Sulzer Mixpac USD 2 million in statutory damages. Further, the court issued a Permanent Injunction that prohibits infringing use of Sulzer Mixpac’s Candy Colors on dental mixing tips by An, his companies, or Seil Global.

Examples of the Accused’s mixing tips in yellow, teal, and blue, below:
aAccused’s mixing tips

Your contact

Nadja Roher

Communications Manager

Phone: +41814147130

Sulzer Mixpac AG

Rütistrasse 7