Zest Dental Solutions filed a complaint for breach of contract against Biomet 3i, doing business as ZimVie, in the Supreme Court of the State of New York. The complaint alleges that ZimVie breached its former distribution agreement with Zest by using Zest’s trademarked blue, pink, clear, red, orange, green, and gray LOCATOR retention insert colors to develop competing, identically-colored retention inserts during the term of the agreement and without Zest’s knowledge.
The complaint further alleges that ZimVie has breached the distribution agreement by continuing to use Zest’s trademarked colors to market retention inserts following the termination of the agreement. Zest has not authorized ZimVie’s use of Zest’s trademarked colors, and ZimVie is not an authorized seller of authentic Zest LOCATOR products. A copy of Zest’s complaint, which seeks monetary and other relief, is available at bit.ly/ZestComplaint.
“We disapprove of ZimVie’s unauthorized use of Zest Dental’s iconic LOCATOR insert colors,” said Zest CEO Tom Stratton. “ZimVie served as a distributor for Zest for more than a decade until 2021. As a distributor, we expected ZimVie to negotiate in good faith for the right to sell ZEST LOCATOR products including inserts featuring Zest’s trademarked colors or to abide by the contractual limitations on its use of the colors. Zest firmly believes that ZimVie’s secret development and subsequent marketing of retention inserts using Zest’s colors breach ZimVie’s contractual obligations to Zest. The complaint filed against ZimVie today represents Zest’s first step in enforcing those obligations. As always, Zest will vigorously defend its contractual and intellectual property rights.”
To learn more about the Zest Dental Solutions, call 800.262.2310 or go to www.zestdent.com.
About ZEST Anchors, LLC
Zest Dental Solutions is a global leader in the design, development, manufacturing, and distribution of diversified dental solutions for a continuum of patient care from the preservation of natural teeth to the treatment of total edentulism. Zest Dental Solutions is headquartered in Carlsbad, California with operations in Anaheim and Escondido, California. Zest Dental Solutions is a portfolio company of BC Partners, a leading private equity firm.
For more information, please visit www.zestdent.com.
FEATURED IMAGE CREDIT: Mohamed Hassan from Pixabay.
