TARRYTOWN, N.Y., April 27 /PRNewswire/ -- Bayer Corporation announced
today that it has settled a lawsuit for trademark infringement, trade dress
infringement and unfair competition which it had filed in January against
Selfcare, Inc., Inverness Medical, Inc. and Can-Am Care Corporation.
Under the settlement, Selfcare and its co-defendants have agreed to make
substantial changes to their Excel(TM) GE glucose test strip package design,
which Bayer believes is confusing consumers about the origin of the Can-Am
products, and about whether Bayer endorses those products. Further, Selfcare
has agreed to cease use of the Bayer Cross, to change its trademark, and to
display a prominent disclaimer on all packaging and advertising stating that
its test strips are not authorized or supported by Bayer Corporation.
"Bayer Diagnostics brought this lawsuit to protect users of our Glucometer
Elite(R) Diabetes Care Systems," said Melvyn Silver, Trademark Counsel for
Bayer. "We were concerned that, due to the similar package designs and
colors, as well as the prominent use of our trademarks, purchasers of test
strips for the Glucometer Elite(R) system would mistakenly believe that the
Can-Am test strips originate with or are authorized by Bayer. We want to
assure consumers that when they purchase a Bayer product they will receive the
Bayer quality, service and reliability they depend on to control their
diabetes."
Bayer Diagnostics is committed to the care of people with diabetes
worldwide, especially those patients who depend on Bayer's diabetes care
systems. Bayer offers an extensive family of blood glucose monitors, test
strips, alternate-site lancing devices, blood glucose analyzers, urine
chemistry diagnostic kits, and a 24-hour telephone support service staffed by
diabetes management experts.
Headquartered in Tarrytown, New York, Bayer Diagnostics,
(http://www.bayerdiag.com), is one of the largest diagnostic businesses in the world.
With more than 7,500 employees worldwide and 1999 sales of close to
$1.8 billion, the company serves customers in 100 countries with a breadth of
diagnostics technology in the areas of nucleic acid diagnostics,
cardiovascular disease management, oncology, virology and blood glucose
monitoring. Bayer Diagnostics is a division of Bayer Corporation and a member
of the worldwide Bayer Group, a $31 billion international life sciences,
polymers and specialty chemicals group based in Leverkusen, Germany. With
headquarters in Pittsburgh, Bayer Corporation is a research-based company with
major businesses in health care, life sciences and chemicals.
SOURCE Bayer Corporation
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http://www.bayerdiag.com
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800-758-5804, ext. 092575
CONTACT:
Matthew Kratz of Bayer, 914-524-2541
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