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Read all about the Civil Case No. 1:06-CV-1678-JTC This matter is currently before the Court on Defendants Axiom Worldwide, Inc. (“Axiom”), Gibson, Exarhos, and Scott’s (“the Axiom Defendants”) motions to dismiss [#31, #112] and Plaintiffs’ motions for preliminary injunction [#6, #93]. Plaintiff North American Medical Corporation (“NAM”) designs and manufactures physiotherapeutic spinal devices, commonly known as traction devices, which are used, for example, to treat lower back pain. Plaintiff Adagen Medical International, Inc. (“Adagen”) is an authorized distributor of NAM’s devices. Defendant Axiom manufactures a physiotherapeutic device known generally as the DRX 9000 and is a competitor of NAM. Plaintiffs brought this action for unfair competition, alleging that Defendants, particularly Axiom and Defendant Altadonna Communications, Inc. (“ACI”), Axiom’s commissioned sales representative, have engaged in a campaign of false advertising and trademark infringement to Plaintiffs’ detriment. Verbatim from the court case, "This matter is currently before the Court on Defendants Axiom Worldwide, Inc. (“Axiom”), Gibson, Exarhos, and Scott’s (“the Axiom Defendants”) motions to dismiss [#31, #112] and Plaintiffs’ motions for preliminary injunction [#6, #93]. Plaintiff North American Medical Corporation (“NAM”) designs and manufactures physiotherapeutic spinal devices, commonly known as traction devices, which are used, for example, to treat lower back pain. Plaintiff Adagen Medical International, Inc. (“Adagen”) is an authorized distributor of NAM’s devices. Defendant Axiom manufactures a physiotherapeutic device known generally as the DRX 9000 and is a competitor of NAM. Plaintiffs brought this action for unfair competition, alleging that Defendants, particularly Axiom and Defendant Altadonna Communications, Inc. (“ACI”), Axiom’s commissioned sales representative, have engaged in a campaign of false advertising and trademark infringement to Plaintiffs’ detriment." |
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