ANALYSIS: 3M Displays Trademark Creativity in N95 Gouging Bouts

The 3M Company has successfully obtained injunctive relief in eight trademark disputes so far in 2020, alleging price-gouging and other fraudulent conduct over its N95 masks. In doing so, it has demonstrated how to creatively apply trademark law to help combat fraudulent pandemic-related schemes.

A manufacturer of in-demand personal protective equipment (PPE), 3M claimed it saw an uptick in counterfeit and price-gouging activities during the Covid-19 pandemic. In what 3M called a “nationwide effort to combat [...] rampant fraud and profiteering,” it has filed more than 20 trademark suits against those claiming to sell the PPE. So far, eight of ...