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7 April 2017Copyright

3M hits Chinese company with patent, TM and copyright claim

US conglomerate 3M has sued a Chinese company in a US court alleging patent, trademark and copyright infringement.

It alleged that Phoenix Automotive Refinishing, along with California-based K2 Concepts, has sold infringing automotive paint-spraying products. The claim was filed at the US District Court for the Central District of California on Wednesday, April 5.

3M sells the PPS Paint Preparation System, which includes a “disposable liner and lid with a built-in filter that improves and simplifies the mixing, use and cleanup required when painting with a gravity-fed spray gun”.

According to the claim, Phoenix has imported into the US and sold lids and liners that use 3M’s technology, and has used copyrighted 3M photos and the PPS marks in its marketing materials.

K2 is alleged to have rebranded and sold Phoenix’s products in direct competition with 3M.

The claim also alleged that K2’s owner, James Urbano, described the K2 cups as a “direct replacement” for 3M’s PPS system in a YouTube video.

3M owns a number of patents covering its PPS technology, including US numbers 6,820,824; 7,374,111; 8,002,200; 8,424,780; 8,628,026; 8,955,770; and 9,211,553.

3M also owns marks for ‘PPS’ for spray guns and spray equipment, which have been used since 2003.

In 2016, Phoenix began advertising its alleged copies of 3M’s lids and liners on its Facebook page, according to the claim.

“The background image used … was taken directly from copyright protected 3M marketing literature, and is a professionally shot image of 3M retiree David Gzik painting in a body shop on the 3M campus,” said the suit.

3M is seeking injunctive relief, enhanced damages, triple damages, destruction of infringing materials, and attorneys’ fees and costs.

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