Industrial conglomerate 3M has filed a lawsuit in the Southern District of New York against N95 respirator distributor Performance Supply, LLC alleging trademark infringement. According to the complaint, Performance Supply (which is not an authorized distributor of any 3M products and has no rights to use 3M marks) sent a formal quote to New York City’s Office of Citywide Procurement offering to sell millions of 3M-brand N95 respirator masks at a grossly inflated aggregate price of approximately $45 million – a 500 percent to 600 percent markup above 3M’s list price.
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