Medacta makes and sells orthopedic and neurosurgical medical devices, including joint replacement products sold under the 201cMyKnee 201d mark. Medacta has a federal registration on a stylized version of the mark, in which the letter 201cM 201d is formed by two angled triangles. While not yet incontestable, Medacta has filed the 00a7 1065 declaration that should lead to incontestability. Medacta asserts that Conformis 2019 use of 201c#ThisIsMyKnee 201d in connection with advertisements for orthopedic products constitutes both federal and common law service mark infringement, as well as false designation of origin and dilution under Massachusetts law.
Medacta seeks injunctive relief and monetary damages, and asserts that the infringement is willful, despite making no allegations of having brought the issue to ConforMIS prior to filing suit. Judge Young has the case.
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