Forward:
For the past two years we have been pointing out the deceit indulged in by Theos Medical Systems, Inc. with respect to their Chummie products and also disparaging the reputation and facts about Theos's competitors and their products. Now we have a judgement/decree from a U.S. Federal Judge which validates and confirms much of what we have written about with respect to Theos/Chummie and imposes strict controls on them. This further confirms our claims of excessive hype and false claims by Theos about their Chummie products, and their abuse of Amazon Reviews to hype their products and degrade their competition, and the general lack of good ethics on the part of Theos Medical Systems. We continue to wonder why any moral and ethical buyer might want to conduct any business with Theos or purchase their Chummie products.
We shall reproduce this published Order and Consent Decree in parts as it is quite long. For the interested reader, the entire Order can be found at
This Order and Consent Decree was filed on July 14, 2015.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC,
Plaintiffs,
v.
THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA,
Defendants.
AND RELATED COUNTERCLAIMS
CASE NO.: 3:13-cv-05236-EMC
CONSENT DECREE AND ORDER
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Counter-Defendants MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC (“PLAINTIFFS”) and
Defendants and Counter-Claimants THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA
(“DEFENDANTS”) (collectively, “the Parties”), that the Court shall enter an Order as follows:
DEFENDANTS’ OBLIGATIONS
1. DEFENDANTS will withdraw the opposition to PLAINTIFFS’ Bedwetting Store trademark application within 10 days of entry of this Consent Decree.
2. DEFENDANTS will not use the terms “Malem,” “Bedwetting Store,” “Easy-Clip”, “Secure Grip,” “Quick Detect,” as well as other trademarks and registered trademarks of PLAINTIFFS now and in the future, except in bona fide comparative advertising.
3. DEFENDANTS will remove allegedly copyrighted material from their website within 10 days of entry of this Consent Decree, and will not use any of PLAINTIFFS copyrighted material in the future.
4. DEFENDANTS will remove all meta information containing the terms “Malem” or “Bedwetting Store,” as well as other brands sold by Enuresis Associates, which products are not currently sold by DEFENDANTS. The above conditions shall be accomplished within 30 days of entry of this Consent Decree.
5. DEFENDANTS will remove or modify specified statements (see items a-o below) from their website within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these
statements from Amazon and eBay websites in all countries within 30 days of entry of this Consent
Decree. DEFENDANTS will not be required to guarantee or effect removal of statements made by
others, such as third party resellers. This agreement is expressly subject to change in the event that
further research, testing, or new information demonstrates that the below statements are verifiable and factually accurate.
a. DEFENDANTS will change the statement “#1 doctor recommended bedwetting alarm” to “doctor recommended bedwetting alarm.”
b. DEFENDANTS will change the statement “world’s #1 pediatrician recommended alarm” to “widely recommended by pediatricians.”
c. DEFENDANTS will remove the statement “urine detection is 50x faster than other bedwetting alarms.” This statement will be reinstated in the event that further research, testing, or new information demonstrates that the statement is verifiable and factually accurate.
d. DEFENDANTS will remove the statement “more pediatric urologists recommend Chummie over other alarms.”
e. DEFENDANTS will change the statement “Chummie is the only alarm that stops bedwetting” to “Chummie alarms stop bedwetting.”
f. DEFENDANTS will change the statement “Chummie’s urine detection area is 100x larger than other alarms” to “Chummie’s urine detection area is significantly larger than other clip sensors.”
g. DEFENDANTS will remove all references to the safety of PLAINTIFFS’ products, including references to “dangerous safety pins,” “sharp sensors - can cut skin,” and “contain lead and mercury.”
h. DEFENDANTS will change references to “over 100,000” to “over 20,000.” This statement will be further revised when new quantitative milestones are reached.
i. DEFENDANTS will change the statement “only alarm carried by major retailers in USA, Europe, and Asia” to “carried by major retailers in USA, Europe, and Asia.”
j. DEFENDANTS will change the statement “does not cause skin rash caused by all other alarms” to “does not cause skin rash.”
k. DEFENDANTS will remove the statement “only bedwetting alarm that has passed the test required to be registered with the United States FDA.”
l. DEFENDANTS will change the statement “96% success rate” to “in a study . . . 96% success rate.”
m. DEFENDANTS will change the statement “smallest and lightest bedwetting alarm available” to “small and lightweight.”
n. DEFENDANTS will change the statement “loudest alarm available” to “loud.”
o. DEFENDANTS will remove the statements “faster urine detection equals rapid treatment,” or “faster detection equals quicker treatment.”
6. DEFENDANTS will remove from their website all references to patented claims for which no patent has been approved within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these references from Amazon and eBay websites within 45 days of entry of this Consent Decree.
Continued on PART 2.
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