Axiom Worldwide Inc. v. Excite Medical Corp. et
al
The U.S. Court of Appeals for the Eleventh Circuit affirmed a
district court's $1.32 million judgment in favor of a medical
device maker, ruling that it never owned the trademarks in question
and therefore could not have passed the rights in the trademarks to
a successor. Axiom Worldwide Inc. v. Excite Medical Corp. et
al., Case No. 13-13900 (11th Cir., Nov. 17, 2014) (Rosenbaum,
J.)
Axiom Worldwide, Inc. (Axiom, Inc.) developed, manufactured and
sold medical products and owned various trademarks for use in
connection with its products. In 2007, Axiom, Inc. transferred all
of its assets, including its "goodwill," to non-party
Axiom Worldwide, LLC (Axiom, LLC) via a warranty bill of sale. The
bill of sale was made retroactive to January 3, 2006. Axiom, LLC
later transferred the acquired assets to Progress Bank, and in July
2010, HTRD purchased all of the assets from Progress Bank. HTRD,
set up by a former employee
