THE KESSLER REPORT Continued
A Publication of Michael G. Kessler & Associates, Ltd.
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Fraudbusters® Edition
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Volume 7
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Number 1
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Kessler Awarded Judgment in Infringement Suit
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A service mark infringement and unfair competition lawsuit was upheld recently in the award of a consent judgment to Kessler International.
The lawsuit charged that Marksmen, LLC and Marksmen Inc. (Marksmen) violated Kessler’s service mark and competed unfairly arising out of Marksmen's unauthorized use of Kessler International's registered service mark on the Internet to attract customers to the Marksmen web site.
Marksmen a private
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investigation firm specializing in helping to protect company's trademarks paid various search engine providers to use Kessler International as a "keyword" to trigger the appearance of Marksmen's web page when an Internet user conducted a search engine search using the term "Kessler International."
Under the terms of the judgment, Marksmen is permanently enjoined from further use of the terms "Kessler or Kessler International ... or other marks confusingly similar ... in any matter whatsoever."
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When the lawsuit was first filed Michael Kessler, President/CEO said legal action was taken because it was incomprehensible that a firm specializing in Intellectual Property Investigations and Brand Protection Services would willfully violate the intellectual property rights of another.
Kessler stated at the conclusion of the case that "We have a very firm policy of vigorously protecting our intellectual property rights," emphasizing that the company would not hesitate to use litigation in the future against infringers.
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"This action is consistent with our position as the industry’s Brand Protection leader," explained Kessler.
The matter was successfully prosecuted by Sughrue, Mion PLLC in Washington, DC and Robin, Blecker & Daley in New York. Kevin G. Smith, Esq. of Sughrue Mion was lead counsel.
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Over The Counter Bargains Can Kill
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A survey conducted by Kessler International on the distribution of over-the-counter drugs in retail stores showed that unsuspecting consumers are being presented with incredible 'deals' on medication that have been sitting on store shelves for months or years prior to the actual consumer purchase, and has long since expired. An additional correlating survey conducted by Kessler International on medication usage by low-income and elderly citizens clearly shows that such demographic groups repeatedly use expired medication, regardless of the possible consequences.
Kessler International's survey of 250 discount shops discovered that more than 72% of these shops had over-the-counter medicines that had expired on their shelves. Over-the-counter medicines, by definition, are drugs that can be taken without a prescription from a doctor and purchased directly from a retailer. Consumers may not realize the dangers that medicines past their expiration date can present. Such drugs can lose their potency and change in chemical composition to the point where they become dangerous to ingest.
Over-the-counter medicines account for 40% of annual medicine consumption, to the tune of $75 billion per year. Consumers for over-the-counter drugs sold to discount stores consist in large part of the low income and elderly people surveyed by Kessler International. Often, they cannot afford prescription medicines or health insurance. Either way, the 300 low-income and elderly consumers showed an overwhelming tendency to be misinformed about the dangers of using expired medicines of any sort.
19% of those surveyed have used over-the-counter medicines knowing that they were expired, or they were willing to minister the drugs to infants. 9 out of 10 of these people also admitted to having expired antibiotics in their home, and 38% percent of this group were saving the medicines for a future date.
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An astonishing 9% of those surveyed admitted to exchanging prescriptions with family and friends.
The survey results clearly show that over-the-counter and prescription drug manufacturers need to be keenly aware of the path that their products follow. For additional information about Kessler International, and ways in which we can safeguard the reputability of your product, visit our website at www.investigation.com.
U.S. Food and Drug Supply Vulnerable to Terrorist Activity
With reports of terrorist cells all over our country, Americans are astounded at the number of individuals involved in counterfeiting and how they manage to operate right under our own noses. Reports have added to our astonishment with information that not only have they existed, but they have flourished and often with our help!
Most Americans find it hard to believe that stands present on almost every street corner in New York City, as well as most major cities throughout the United States, are part of the terrorist network. Tables strewn with T-shirts emblazoned with designer logos and claiming to be the authentic product of major athletic apparel and designer companies are in reality part of an industry which serves to fuel terrorist activities such as the attacks on the World Trade Center and Pentagon.
T-shirts are only one of many items that are counterfeited ...
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