Electromed Inc. (NSDQ:ELMD) and several subsidiaries of Hill-Rom Holdings Inc. (NYSE:HRC) settled a trademark infringement spat over the branding on their respective high-frequency chest wall oscillation vests.
Terms of the settlement were not disclosed.
It’s not the first go-around between New Prague, Minn.-based Electromed and Hill-Rom over HFCWO vest branding. When Electromed introduced its MedPulse device, Hill-Rom sued in December 2000, alleging that the Electromed device infringed its trademark for "The Vest." That case was settled, also for undisclosed terms, in 2003.
The latest case involved Electromed’s SmartVest device, which it introduced in 2004. Hill-Rom sued in 2009, alleging that the name also infringed its trademark for The Vest.
"Electromed had full knowledge of [Hill-Rom subsidiary Advanced Respiratory Inc.]’s rights in its The Vest marks at least as early as 2000," according to the lawsuit. "Electromed’s SmartVest marks incorporate the term "Vest," which is the dominant element of Hill-Rom’s The Vest marks."
Electromed said the confidential settlement does not bar it from using the SmartVest name.
"We are pleased to have reached this agreement, which eliminates much of the expense and uncertainty associated with the litigation and enables the company to focus its resources and attention on providing airway clearance therapy devices to patients," ELMD chairman and CEO Robert Hansen said.
A Hill-Rom spokeswoman said the company had no comment on the settlement.