Original Petition — 3M Company v. John Doe ("3M Company Trust Account")

Summary

Exhibit 8, Document 16-8 filed April 24, 2020 in Case No. 1:20-cv-02949-LAP, containing Plaintiff's Original Petition and Application for Temporary and Permanent Injunctions in 3M Company v. John Doe, claiming to be the "3M Company Trust Account," in the District Court of Dallas County (stamped DC-20-05549, filed April 10, 2020). The petition alleges that on or about March 30, 2020 the defendant offered New York City's Office of Citywide Procurement millions of 3M-brand N95 respirator masks at approximately $117,875,000. It brings claims including trademark infringement, unfair competition, false advertising and deceptive acts and practices, and seeks preliminary and permanent injunctive relief. It states that any damages, costs, or fees recovered will be donated to charitable COVID-19 relief efforts.

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EXHIBIT 8
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 1 of 61

CAUSE NO. _______________
3M COMPANY,

Plaintiff,

v.

JOHN DOE, claiming to be
the “3M Company Trust Account”

Defendant.
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IN THE DISTRICT COURT OF

DALLAS COUNTY,

___ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND APPLICATION
FOR TEMPORARY AND PERMANENT INJUNCTIONS

TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW PLAINTIFF 3M Company (“Plaintiff” or “3M”), and files this Original
Petition and Application for Temporary and Permanent Injunctions complaining of unknown
individual or entity JOHN DOE, claiming to be the “3M Company Trust Account” (“Defendant”),
hereby alleges as follows based on knowledge of its own actions, and on information and belief as
to all other matters:
NATURE OF THE ACTION
1.
This lawsuit concerns Defendant’s use of Plaintiff’s famous “3M” trademarks to
perpetrate a false and deceptive price-gouging scheme on unwitting consumers, including agencies
of government, during the global COVID-19 pandemic.
2.
Throughout its history, 3M has been providing state-of-art, industry-leading
scientific and medical products to consumers throughout the world under its famous 3M marks.
Based on this longstanding, continuous use, consumers associate the 3M marks uniquely with 3M.
Now, more than ever, consumers are also relying on the famous 3M marks to indicate that the
products offered thereunder are of the same superior quality that consumers have come to expect
DC-20-05549
Gay Lane
FILED
4/10/2020 5:49 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Gay Lane DEPUTY
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over the past century.  This is especially true with respect to 3M’s numerous industry-leading
healthcare products and personal protective equipment (“PPE”), including Plaintiff’s 3M-brand
N95 respirators.
3.
Healthcare professionals and other first responders are heroically placing their
health and safety on the line to battle COVID-19.  To assist in the battle against COVID-19, 3M
is supplying healthcare workers and other first responders with 3M-brand N95 respirators.  For
example, in the last week of March 2020, 3M supplied healthcare workers throughout the United
States with 10 million of its 3M-brand N95 respirators.  3M also recently announced that it will
import 166.5 million of its 3M-brand N95 respirators into the United States in the next three
months to supplement its US production, and has invested the capital and resources necessary to
double its current annual global production of 1.1 billion respirators.  In response to the COVID-
19 outbreak and surge in need for N95 respirators, 3M has doubled its global output rate to nearly
100 million respirators per month, and it expects to produce around 50 million respirators per
month in the United States by June 2020.
4.
The demand for 3M-branded respirators has grown exponentially in response to the
pandemic, and 3M has been committed to seeking to meet this demand while keeping its respirators
priced fairly.  3M has not increased the prices that it charges for 3M respirators as a result of the
COVID-19 outbreak.
5.
Unfortunately, any number of wrongdoers seek to exploit the current public health
emergency and prey on innocent parties through a variety of scams involving 3M N95 respirators
and other products in high demand.  These scams include unlawful price-gouging, fake offers,
counterfeiting, and other unfair and deceptive practices – all of which undercut the integrity of the
marketplace and constitute an ongoing threat to public health and safety.
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6.
In response to fraudulent activity, price-gouging and counterfeiting related to N95
respirator masks that has spiked in the marketplace in response to the pandemic, 3M is taking an
active role in combating these activities.  3M’s actions include working with law enforcement
authorities around the world, including the U.S. Attorney General, state Attorneys General and
local authorities, and creating a “3M COVID-19 Fraud hotline” for the United States and Canada
that end users and purchasers of 3M products can call for information to help detect fraud and
avoid counterfeit products.  3M is also publishing information on its website to help inform the
purchasing public about 3M’s prices and products so that they can avoid fraud.  Further
information about 3M’s efforts is set forth in the 3M press release and publication attached as
hereto as Exhibits 1 and 2.  The filing of this Petition and Application for Injunction is another
part of these efforts.
7.
Despite 3M’s extensive efforts during COVID-19, unsavory characters continue
their quests to take advantage of healthcare workers, first responders, and others in a time of need
and trade off the fame of the 3M brand and marks.  Defendant is a prime example of this unlawful
behavior.
8.
On or about March 30, 2020, Defendant communicated, by and through its
representative, via phone and e-mail with New York City’s Office of Citywide Procurement,
offering to sell millions of Plaintiff’s 3M-brand N95 respirator masks at a grossly inflated
aggregate price of approximately $117,875,000.  Defendant is not an authorized distributor of any
of Plaintiff’s products and has no rights to use Plaintiff’s famous 3M marks.  Nonetheless, to
confuse and deceive New York City officials into believing that Defendant was an authorized
distributor of Plaintiff’s products, Defendant identified itself as the “3M Company Trust Account”
and sought payment at its purported location in Irving, Texas. Indeed, Defendant’s false
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representations caused the New York City Procurement Office to prepare a Letter of Intent to the
“3M Company Trust Account.”  Compounding Defendant’s bad acts, the prices at which it offered
to sell 3M-brand N95 respirators to New York City’s Procurement Office were 450%-600% above
3M’s list price.  This offer constituted extreme price-gouging by any measure, including under
Texas law (Tex. Bus. & Comm. Code § 17.46(b)(27)).  Not only does such price-gouging further
strain the limited resources available to combat COVID-19, but such conduct justifiably has caused
public outrage which threatens imminent and irreparable harm to 3M’s brand as Defendant and
similar pandemic profiteers promote an improper association between 3M’s marks and exploitative
pricing behavior.
9.
3M does not – and will not – tolerate individuals or entities deceptively trading off
the fame and goodwill of the 3M brand and marks for personal gain.  This is particularly true
against those who seek to exploit the surge in demand for 3M-brand products during the COVID-
19 global pandemic, which already has claimed tens of thousands of lives worldwide and more
than 5,000 lives in New York State alone.
10.
Accordingly, to further protect governmental actors and consumers from confusion
and mistake, to reduce the amount of time and energy that government officials are forced to waste
interacting with such schemes, as well as to forestall any further diminution to the 3M brand and
marks’ reputation, fame, and goodwill, Plaintiff brings this lawsuit against Defendant for federal
and state trademark infringement, unfair competition, false association, false endorsement, false
designation of origin, trademark dilution, false advertising, and deceptive acts and practices.
Plaintiff also seeks preliminary and permanent injunctive relief.  As described below, any
damages, costs, or fees recovered by Plaintiff will be donated to charitable COVID-19 relief
efforts.
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DISCOVERY CONTROL PLAN
11.
Discovery in this case is intended to be conducted under Level 2 pursuant to
Texas Rule of Civil Procedure 190.3.
THE PARTIES
12.
Plaintiff 3M Company is a Delaware corporation, with a principal place of business
and corporate headquarters located at 3M Center, St. Paul, Minnesota 55144.
13.
Defendant John Doe is an unknown person at this stage. On information and belief,
Defendant, who is holding itself out to the public as the “3M Company Trust Account” is a Texas
person or entity, claiming a principal place of business at 7750 N. MacArthur Blvd., Irving, Texas
75039.
JURISDICTION AND VENUE
14.
 Venue is proper in Dallas County, Texas pursuant to Tex. Civ. Prac. & Rem. Code
Ann. § 15.002.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
A. 3M
15.
3M has grown from humble beginnings in 1902 as a small-scale mining venture in
Northern Minnesota to what it is today, namely: an industry-leading provider of scientific,
technical, and marketing innovations throughout the world.  Today, 3M’s portfolio includes more
than 60,000 goods and services, ranging from household and school supplies, to industrial and
manufacturing materials, to medical supplies and equipment.
B. The 3M Brand
16.
3M offers its vast array of goods and services throughout the world under numerous
brands, including, for example: ACE; POST-IT; SCOTCH; NEXCARE; and more.  3M also uses
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its famous “3M Science. Applied to Life” slogan in connection with the promotion of its goods
and services.  Notwithstanding the widespread goodwill and resounding commercial success
enjoyed by these brands, 3M’s most famous and widely recognized brand is its eponymous “3M”
brand.
17.
The 3M brand is associated with products and materials for a wide variety of
medical devices, supplies, and PPE, including, for example: respirators; stethoscopes; medical
tapes; surgical gowns, blankets, and tape; bandages and other wound-care products; and more.  As
such, 3M-branded products are highly visible throughout hospitals, nursing homes, and other care
facilities where patients, care providers, and procurement officers value and rely upon the high
quality and integrity associated with the 3M brand.
C. The Famous “3M” Marks
18.
Over the past century, Plaintiff has invested hundreds of millions of dollars in
advertising and promoting its 3M-brand products to consumers throughout the world (including,
without limitation, its 3M-brand N95 respirator) under the standard-character mark “3M” and the
inset 3M design mark (together, the “3M Marks”):

19.
For decades, products offered under Plaintiff’s 3M Marks have enjoyed enormous
commercial success (including, without limitation, its 3M-brand N95 respirator).  Indeed, in 2019,
alone, sales of products offered under Plaintiff’s 3M Marks exceeded several hundred million
USD.
20.
Over the same period of time, products offered under Plaintiff’s 3M Marks have
regularly been the subject of widespread, unsolicited media coverage and critical acclaim.
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21.
Based on the foregoing, consumers associate the 3M Marks uniquely with Plaintiff
and recognize them as identifying Plaintiff as the exclusive source of goods and services offered
under the 3M Marks.  Based on the foregoing, the 3M Marks have also become famous among
consumers in the United States.
22.
To strengthen Plaintiff’s common-law rights in and to its famous 3M Marks,
Plaintiff has obtained numerous federal trademark registrations, including, without limitation:
(i) U.S. Trademark Reg. No. 3,398,329, which covers the standard-character 3M mark in Int.
Classes 9 and 10 for, inter alia, respirators (the “‘329 Registration”); (ii) U.S. Trademark Reg. No.
2,793,534, which covers the 3M design mark in Int. Classes 1, 5, and 10 for, inter alia, respirators
(the “‘534 Registration”); and (iii) U.S. Trademark Reg. No. 5,469,903, which covers the “3M
Science. Applied to Life” slogan in a number of Int. Classes, including Int. Class 9 for facial masks
and respirators (the “‘903 Registration”).  See Exhibits 3-5.
23.
The ‘329, ‘534, and ‘903 Registrations are valid, in effect, and on the Principal
Trademark Register.
24.
The ‘329 and ‘534 Registrations are “incontestable” within the meaning of 15
U.S.C. § 1065.  Accordingly, the ‘329 and ‘534 Registrations constitute conclusive evidence of:
(i) Plaintiff’s ownership of the 3M Marks; (ii) the validity of the 3M Marks; (iii) the validity of the
registration of the 3M Marks; and (iv) Plaintiff’s exclusive right to use the 3M Marks throughout
the United States for, inter alia, respirators.  Relatedly, the ‘903 Registration constitutes prima
facie evidence of: (i) Plaintiff’s ownership of the “3M Science. Applied to Life” slogan; (ii) the
validity of the “3M Science. Applied to Life” slogan; (iii) the validity of the registration of the
“3M Science. Applied to Life” slogan; and (iv) Plaintiff’s exclusive right to use the “3M Science.
Applied to Life” slogan throughout the United States for, inter alia, respirators.
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25.
Plaintiff’s famous 3M Marks do more than identify Plaintiff as the exclusive source
of goods and services offered thereunder.  Indeed, the famous 3M Marks also signify to consumers
that 3M-brand products offered under the 3M Marks are of the highest quality and adhere to the
strictest quality-control standards.  Now, more than ever, consumers rely on the famous 3M Marks’
ability to signify that products offered under the 3M Marks are of the same high quality that
consumers have come to expect of the 3M brand over the past century.
D. Plaintiff’s Extensive Efforts to Assist With the Battle Against COVID-19
26.
Medical professionals and first responders throughout the world are donning
extensive PPE as they place their health and safety on the line in the battle against COVID-19.  As
Plaintiff states on the homepage of its website, it is “committed to getting personal protective
equipment to healthcare workers”:

27.
Among the PPE that 3M is providing to the heroic individuals on the front lines of
the battle against COVID-19 are Plaintiff’s 3M-brand N95 respirators.
28.
Inset, below, is an image of Plaintiff’s 3M-brand, Model 8210 respirator:
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29.
Authentic N95 respirators reduce exposure to airborne biological particles and
liquid contamination when appropriately selected, fitted, and worn.
30.
Based on the exponential increase in demand for 3M-brand N95 respirators,
Plaintiff has invested the necessary capital and resources to double its global annual production of
1.1 billion 3M-brand N95 respirators.  See Exhs. 1,2  What 3M has not done, though, is increase
its prices.  See id.
31.
Unfortunately, certain third parties do not share 3M’s sense of civic responsibility
during this time of crisis.  Indeed, opportunistic third parties are seeking to exploit the increased
demand for Plaintiff’s 3M-brand N95 respirators by offering to sell them for exorbitant prices,
selling counterfeit versions of them, and accepting money for 3M-brand N95 respirators despite
not having the product to sell and/or never intending to deliver the product to the unwitting buyer—
in many instances, a public authority, such as the City of New York, which struggles to address
the enormous financial and logistical challenges presented by COVID-19.
32.
Accordingly, to protect consumers on the front lines of the COVID-19 battle from
deception and inferior products, to reduce time wasted by governmental officials on scams, as well
as to protect the widespread reputation and goodwill enjoyed by Plaintiff’s carefully curated 3M
brand, Plaintiff is working diligently with law enforcement, retail partners, and others to combat
unethical and unlawful business practices related to 3M-brand N95 respirators.  For example, in
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late-March 2019, 3M’s Chief Executive Officer, Mike Roman, sent a letter to U.S. Attorney
General, William Barr, and the President of the National Governor’s Association, Larry Hogan of
Maryland, to offer 3M’s partnership in combatting price-gouging.  As shown in the inset image,
additional examples of 3M’s efforts to combat price-gouging, counterfeiting, and other unlawful
conduct during COVID-19 include:
a. 3M posted on its website the list price for its 3M-brand N95 respirators so that
consumers can readily identify price-gouging (See Exhibit 6);

b. 3M created a form on its website that consumers can use to report suspected
incidents of price-gouging and counterfeiting (See Exhibit 7); and

c. 3M created a fraud “hotline” that consumers can call to report suspect incidents of
price-gouging and counterfeiting:

I.
Defendant’s Unlawful Conduct
33.
Despite Plaintiff’s extensive measures to combat price-gouging and counterfeiting
of its 3M-brand N95 respirators, these illicit activities continue.  Defendant is a prime example of
this unlawful behavior, which is damaging to the 3M brand and public health.
34.
On or about March 30, 2020 – while New York City was reporting record numbers
of COVID-19 positive tests and deaths – Defendant, by and through its representative, represented
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to New York City’s Head of Procurement that it had 35 million 3M respirators available for sale
and that 20 million of the masks were in New York City.  See Exhibit 8.
35.
In its Email communication, Defendant, by and through its purported New York
representative, offered to sell New York City’s Procurement Office: (i) 20 million 3M-brand, N95
Model 8210 respirators for $5.75 each, and (ii) 500,000 3M-brand, N95 Model 1860 respirators
for $5.75 each.  See Exh. 8.
36.
Defendant, by and through its representative, disclosed its name as the “3M
Company Trust Account” and its address as 7750 N. MacArthur Blvd., Irving, Texas 75039. See
Exh. 8.
37.
Defendant’s use of the 3M standard-character mark in its communications caused
New York City officials to mistakenly believe that Defendant was an authorized distributor of
Plaintiff’s products and/or otherwise had an association or affiliation with Plaintiff and its
products.  To be sure, after Defendant sent the Email to Mr. Symon, New York City officials
prepared a “Letter of Intent” directed to the “3M Company Trust Account.  See Exh. 8. However,
the New York City officials were mistaken.  Defendant is not, and never has been, an authorized
distributor or vendor of Plaintiff’s products.  Defendant also does not have, and has never had, an
association or affiliation with Plaintiff.
38.
Defendant’s representations were likely to mislead and/or deceive a reasonable
consumer into believing that Defendant is an authorized distributor of 3M products and/or has an
association or affiliation with 3M.  Sadly, in this case, Defendant’s Email actually misled and
deceived experienced buyers in the Procurement Office of one of the world’s largest cities into
believing that Defendant was an authorized distributor of approximately 35 million 3M-brand N95
respirators.
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39.
Another equally detestable element of Defendant’s unlawful conduct is price-
gouging.  Defendant’s quote of $5.75 per 3M brand, N95 Model 8210 respirator is 560% over
3M’s list price of $1.02-$1.31 per respirator.  See Exh. 3. Defendant’s quote of $5.75 per 3M
brand, N95 Model 1860 respirator is a 450% increase over 3M’s list price of $1.27 per respirator.
See Exh. 8.
40.
The mere association of 3M’s valuable brand with such shameless price-gouging
harms the brand, not to mention its more serious threat to public health agencies that are under
strain in the midst of a worldwide pandemic.
41.
Based on the foregoing, Plaintiff seeks relief against Defendant for state trademark
infringement, unfair competition, false association, false endorsement, false designation of origin,
trademark dilution, false advertising, and deceptive acts and business practices.
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
(Trademark Infringement Under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1))
(Infringement of the Federally Registered 3M Marks)
42.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 43 of the Complaint as though set forth fully herein.
43.
Count I is a claim for trademark infringement under 15 U.S.C. § 1114.
44.
Plaintiff is the exclusive owner of each of the federally registered 3M Marks.
45.
Plaintiff has the exclusive right to use each of the 3M Marks in United States
commerce for, inter alia, advertising, promoting, offering for sale, and selling Plaintiff’s 3M-brand
N95 respirators.
46.
Plaintiff’s exclusive rights in and to each of the 3M Marks predate any rights that
Defendant could establish in and to any mark that consists of “3M” in whole and/or in part.
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47.
Both of the 3M Marks are fanciful and/or arbitrary when used for respirators and,
therefore, are inherently distinctive.
48.
Both of the 3M Marks identify Plaintiff as the exclusive source of products offered
under the 3M Marks (including, without limitation, 3M-brand N95 respirators) and, therefore, the
3M Marks have acquired distinctiveness.
49.
Defendant is using 3M Marks in commerce to advertise, promote, offer for sale,
and sell 3M-brand N95 respirators.
50.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein, is causing,
and is likely to continue causing, consumer confusion, mistake, and/or deception about whether
Defendant is 3M, and/or whether Defendant is a licensee, authorized distributor, and/or affiliate of
3M and/or products that Plaintiff offers under its 3M Marks, including, without limitation, 3M-
brand N95 respirators.
51.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein, is causing,
and is likely to continue causing, consumer confusion, mistake, and/or deception about whether
Defendant and/or Defendant’s products are affiliated, connected, and/or associated with 3M and/or
products that Plaintiff offers under its 3M Marks, including, without limitation, 3M-brand N95
respirators.
52.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein is causing,
and is likely to continue causing, consumer confusion, mistake, and/or deception about whether
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Defendant and/or Defendant’s products originate with, and/or are sponsored or approved by,
and/or offered under a license from, 3M or vice versa.
53.
Plaintiff has not consented to the use of its famous 3M Marks by Defendant.
54.
Based on Plaintiff’s longstanding and continuous use of its 3M Marks in United
States commerce, as well as the federal registration of Plaintiff’s 3M Marks, Defendant had actual
and constructive knowledge of Plaintiff’s superior rights in and to the 3M Marks when Defendant
began using the 3M Marks as part of its bad-faith scheme to confuse and deceive consumers, as
alleged, herein.
55.
Upon information and belief, Defendant adopted and uses the 3M Marks in
furtherance of Defendant’s willful, deliberate, and bad-faith scheme of exploiting the extensive
consumer goodwill, reputation, fame, and commercial success of products that Plaintiff offers
under its 3M Marks, including, without limitation, 3M-brand N95 respirators.
56.
Upon information and belief, Defendant has made, and will continue to make,
substantial profits and gain from its unauthorized use of Plaintiff’s 3M Marks, to which Defendant
is not entitled at law or in equity.
57.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark infringement in violation of 15 U.S.C. § 1114(a).
58.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.  The damage suffered
by Plaintiff is exacerbated by the fact that Defendant is advertising and offering for sale 3M-
branded N95 respirator masks at exorbitantly inflated prices during a global pandemic when
Plaintiff’s products are necessary to protect public health.  Such conduct has inspired intense public
criticism of the manner in which Plaintiff’s respirator masks are being distributed and sold during
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the COVID-19 pandemic and significant confusion about Plaintiff’s role in the marketplace for
masks that are essential to safeguarding public health.  Whereas Plaintiff’s corporate values and
brand image center around the application of science to improve lives, Defendant’s conduct
imminently and irreparably harms Plaintiff’s 3M brand.
59.
Plaintiff has no adequate remedy at law.
SECOND CLAIM FOR RELIEF
(Unfair Competition, False Endorsement, False Association, and False Designation of Origin
Under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A))
(Use of the 3M Marks)
60.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 - 61 of the Complaint as set forth fully herein.
61.
Count II is a claim for federal unfair competition, false endorsement, false
association, and false designation of origin under 15 U.S.C. § 1125(a)(1)(A).
62.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute unfair competition, false endorsement, false association, and/or false designation of
origin in violation of 15 U.S.C. § 1125(a)(1)(A).
63.
Upon information and belief, Defendant’s use of Plaintiff’s famous 3M Marks to
advertise, market, offer for sale, and/or sell purported 3M-brand N95 respirators to consumers at
exorbitant prices, in general, and during a global pandemic such as COVID-19, specifically, also
constitutes unfair competition in violation of 15 U.S.C. § 1125(a)(1)(A).
64.
Defendant has also falsely held itself out to be an agent of and/or authorized by
Plaintiff to sell and/or distribute 3M-branded products, when this is not the case.
65.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.
66.
Plaintiff has no adequate remedy at law.
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THIRD CLAIM FOR RELIEF
(Trademark Dilution Under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c))
(Dilution of the Famous 3M Marks)
67.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 68 of the Complaint as though set forth fully herein.
68.
Count III is a claim for federal trademark dilution under 15 U.S.C. § 1125(c).
69.
Plaintiff’s 3M Marks were famous before and at the time Defendant began using
the 3M Marks in commerce on, for, and/or in connection with the advertising, promotion, offering
for sale, and/or sale of products (including, without limitation, 3M-brand N95 respirators).
70.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M-brand N95 respirators) is likely to dilute the distinctive quality of the
famous 3M Marks, such that famous 3M Marks’ established selling power and value will be
whittled away.
71.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M-brand N95 respirators) is likely to dilute the distinctive quality of the
famous 3M Marks, such that famous 3M Marks’ ability to identify Plaintiff as the exclusive source
of products offered under the 3M Marks (including, without limitation, Plaintiff’s 3M-brand N95
respirators) will be whittled away.
72.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M-brand N95 respirators) at exorbitant prices, in general, and during a global
pandemic such as COVID-19, specifically, is likely to dilute the reputation of the famous 3M
Marks, such that famous 3M Marks’ established ability to indicate the superior quality of Products
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offered under such Marks (including, without limitation, Plaintiff’s 3M-brand N95 respirators),
will be whittled away.
73.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark dilution in violation of 15 U.S.C. § 1125(c).
74.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.  The damage suffered
by Plaintiff is exacerbated by the fact that Defendant is advertising and offering for sale 3M-
branded N95 respirators at exorbitantly inflated prices during a global pandemic when Plaintiff’s
products are necessary to protect public health.  Such conduct has inspired intense public criticism
of the manner in which Plaintiff’s respirators are being distributed and sold during the COVID-19
pandemic and significant confusion about Plaintiff’s role in the marketplace for respirators that are
essential to safeguarding public health.  Whereas Plaintiff’s corporate values and brand image
center around the application of science to improve lives, Defendant’s conduct imminently and
irreparably harms Plaintiff’s 3M brand.
75.
Plaintiff has no adequate remedy at law.
FOURTH CLAIM FOR RELIEF
(False Advertising Under Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B))
(Defendant’s Formal Quote)
76.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 - 77 of the Complaint as though set forth fully herein.
77.
Count IV is a claim for false and deceptive advertising under 15 U.S.C.
§ 1125(a)(1)(B).
78.
The statements that Defendant made, by and through its purported representative,
in its Email communications with New York City Chief Procurement Officer Don Symon
constitute commercial advertising and/or commercial promotion.
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 18 of 61

18

79.
The statements that Defendant made in its E-mail contained false, misleading,
and/or deceptive statements about the nature, characteristics, qualities, and/or geographic origin of
Defendant and/or the products that Defendant allegedly had available for sale.
80.
The statements that Defendant made in its Email communications contained false,
misleading, and/or deceptive statements about the nature, characteristics, qualities, and/or
geographic origin of Plaintiff and Plaintiff’s 3M-brand products, including, without limitation,
Plaintiff’s 3M-brand N95 respirators.
81.
The false, misleading, and/or deceptive statements in Defendant’s E-mail were
material to New York City’s purchasing decisions, including, without limitation, its preparation of
the aforementioned Letter of Intent to the “3M Company Trust Account.”
82.
Defendant placed its Email communications into interstate commerce by, inter alia,
sending it to at least one New York City official’s email account, namely, Mr. Symon.
83.
Defendant’s Email communications directly and/or proximately caused and/or is
likely to cause Plaintiff to suffer harm in the form of lost sales (including, without limitation, lost
sales of Plaintiff’s 3M-brand N95 respirators), as well as irreparable diminution to the 3M brand
and 3M Marks’ reputation, fame, and goodwill.
84.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute false advertising in violation of 15 U.S.C. § 1125(a)(1)(B).
85.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.  The damage suffered
by Plaintiff is exacerbated by the fact that Defendant is advertising and offering for sale 3M-
branded N95 respirator masks at exorbitantly inflated prices during a global pandemic when
Plaintiff’s products are necessary to protect public health.  Such conduct has inspired intense public
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 19 of 61

19

criticism of the manner in which Plaintiff’s respirator masks are being distributed and sold during
the COVID-19 pandemic and significant confusion about Plaintiff’s role in the marketplace for
masks that are essential to safeguarding public health.  Whereas Plaintiff’s corporate values and
brand image center around the application of science to improve lives, Defendant’s conduct
imminently and irreparably harms Plaintiff’s 3M brand.
86.
Plaintiff has no adequate remedy at law.
FIFTH CLAIM FOR RELIEF
(Dilution and Injury to Business Reputation Under The Texas Trademark Act)
(Dilution of, Injury to the 3M Brand and Famous 3M Marks)

87.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 88 of the Complaint as though set forth fully herein.
88.
Count VII is a claim for dilution under TEX. BUS. & COMM. CODE § 16.100 et seq.
89.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute dilution and injury to business reputation in violation of TEX. BUS. & COMM. CODE §
16.103.
90.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.
91.
Plaintiff has no adequate remedy at law.
SIXTH CLAIM FOR RELIEF
(Trademark Infringement Under The Texas Trademark Act)
(Infringement of the 3M Marks)
92.
Plaintiffs repeat and incorporate by reference the statements and allegations in
paragraphs 1 - 93 of the Complaint as though set forth fully herein.
93.
Count XIII is a claim for trademark infringement under TEX. BUS. & COMM. CODE
§ 16.100 et seq.
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 20 of 61

20

94.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark infringement in violation of TEX. BUS. & COMM. CODE § 16.102.
95.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.
96.
Plaintiff has no adequate remedy at law.
SEVENTH CLAIM FOR RELIEF
(Unfair Competition and Passing Off Under Texas Common Law)
(Use of the 3M Marks)
97.
Plaintiff repeats and incorporates by reference the statements and allegations in
paragraphs 1 - 98 of the Complaint as though set forth fully herein.
98.
Count IX is a claim for unfair competition under Texas common law.
99.
The Texas common law tort of unfair competition covers situations where a
defendant attempts to pass off its goods or services as those of someone else by simulating the
trademark owner's product, name, advertising, or marks. It is the umbrella for all statutory and
non-statutory causes of action arising out of business conduct which is contrary to honest practice
in industrial or commercial matters.
100.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute unfair competition and passing off in violation of Texas common law.
101.
Plaintiff has suffered, and will continue to suffer, irreparable harm from
Defendant’s acts and conduct complained of herein, unless restrained by law.
102.
Plaintiff has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, based on Defendant’s conduct complained of, herein, and upon Plaintiff
asks that this Court:
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 21 of 61

21

A.
To enter an Order, finding in Plaintiff’s favor on each Claim for Relief asserted
herein;
B.
Pursuant to applicable Texas law and 15 U.S.C. § 1116:
1. Preliminarily and permanently enjoining Defendant, its agents, servants,
employees, officers and all persons and entities in active concert and participation with them from
using the 3M Marks (or any other mark(s) confusingly similar thereto) for, on, and/or in connection
with the manufacture, distribution, advertising, promoting, offering for sale, and/or sale of any
goods or services, including, without limitation, Plaintiff’s 3M-brand N95 respirator Marks;
2. Preliminarily and permanently enjoining Defendant, its agents, servants,
employees, officers and all persons and entities in active concert and participation with them from
falsely representing itself as being a distributor, authorized retailer, and/or licensee of Plaintiff
and/or any of Plaintiff’s products (including, without limitation, Plaintiff’s 3M-brand N95
respirator) and/or otherwise falsely representing to have an association or affiliation with,
sponsorship by, and/or connection with, Plaintiff and/or any of Plaintiff’s products; and
3. Order Defendant to file with the Court and serve upon Plaintiff’s counsel, within
30 days after service of the order of injunction, a report in writing under oath setting forth in detail
the manner and form in which Defendant has complied with the injunction;
C.
Pursuant to applicable Texas law and 15 U.S.C. § 1117:
1. Order Defendant to provide Plaintiff with a full accounting of all manufacture,
distribution and sale of products under the 3M Marks (including, without limitation, Plaintiff’s
3M-brand N95 respirators), as well as all profits derived therefrom;
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 22 of 61

22

2. Order Defendant to pay to Plaintiff—so as to be donated charitably pursuant to
subpart G, infra—all of Defendant’s profits derived from the sale of infringing goods offered under
the 3M Marks (including, without limitation, Plaintiff’s 3M-brand N95 respirators);
3. Award Plaintiff treble actual damages—so as to be donated charitably pursuant to
subpart G, infra—in connection with Defendant’s infringement of the 3M Marks;
4. Find that Defendant’s acts and conduct complained of herein render this case
“exceptional”; and
5. Award Plaintiff—so as to be donated charitably pursuant to subpart G, infra—its
costs and reasonable attorneys’ fees incurred in this matter;
D.
Pursuant to 15 U.S.C. § 1118, order the destruction of all unauthorized goods and
materials within the possession, custody, and control of Defendant and Defendant’s client that
bear, feature, and/or contain any copy or colorable imitation of Plaintiff’s 3M Marks;
E.
Award Plaintiff pre-judgment and post-judgment interest against Defendant; and
F.
Award Plaintiff such other relief that the Court deems just and equitable.
G.
Requiring that all monetary payments awarded to Plaintiff be donated to a COVID-
19 charitable organization(s)/cause(s) of Plaintiff’s choosing.
H.
Allow Plaintiff such other relief, at law or in equity, to which it may show itself
justly entitled.
DEMAND FOR JURY TRIAL
Plaintiff requests a trial by jury for all issues so triable.

Dated: April 10, 2020

Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 23 of 61

23

Respectfully submitted,

/s/ Dimple D. Shah

DIMPLE D. SHAH
State Bar No.  24012523
Dimple.shah@bowmanandbrooke.com

BOWMAN AND BROOKE LLP
5830 Granite Parkway
Suite 1000
Plano, Texas 75024
Telephone:  972.616.1700
Facsimile:  972.616.1701

ATTORNEY FOR PLAINTIFF 3M COMPANY

Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 24 of 61

United States > 3M News Center > Press Releases > Company >
3M and the Trump Administration Announce Plan to Import 166.5 Million Additional Respirators into the United States ov
3M News Center
3M and the Trump Administration Announce Plan to Import 16
United States over the Next Three Months
NYSE: MMM
Imports to supplement the 35 million N95 respirators 3M currently produces in U.S. per month
Monday, April 6, 2020 5:58 pm CDT
Dateline: ST. PAUL, Minn.
Public Company Information:
PRESS RELEASES 
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ABOUT 3M 
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Exhibit 1
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 25 of 61

ST. PAUL, Minn.--(BUSINESS WIRE)--Today 3M and the Trump Administration are announcing a plan to
over the next three months to support healthcare workers in the United States. 3M and the Administratio
that this plan does not create further humanitarian implications for countries currently ɥghting the COVI
to further collaborate to ɥght price gouging and counterfeiting.
“I want to thank President Trump and the Administration for their leadership and collaboration,” said 3M
Roman. “We share the same goals of providing much-needed respirators to Americans across our count
seek to take advantage of the current crisis. These imports will supplement the 35 million N95 respirato
month in the United States.”
“Given the reality that demand for respirators outpaces supply, we are working around the clock to furth
the most critical areas,” Roman continued. “We’ll continue to do all we can to protect our heroic healthc
your tireless eɢorts – including those in our plants and distribution centers around the world.”
3M will import 166.5 million respirators over the next three months primarily from its manufacturing faci
address and remove export and regulatory restrictions to enable this plan. The plan will also enable 3M t
where 3M is the primary source of supply.
As a global company, 3M has manufacturing operations around the world to serve local and regional ma
continue to work with governments to direct respirators and other supplies to serve areas most in need.
Beginning in January, 3M ramped up production of N95 respirators and doubled its global output to 1.1 b
already put into motion additional investments and actions that will enable it to double its capacity again
online in the next 60 to 90 days. In the United States, for example, 3M expects to be producing N95 res
current levels.
Last week 3M announced additional actions to address price gouging and counterfeit activity related to
take decisive action against those seeking to take illegal and unethical advantage of the COVID-19 outb
Forward-Looking Statements
This news release contains forward-looking information about 3M's ɥnancial results and estimates and b
identify these statements by the use of words such as "anticipate," "estimate," "expect," "aim," "project,"
other words and terms of similar meaning in connection with any discussion of future operating or ɥnanc
cause actual results to diɢer materially are the following: (1) worldwide economic, political, regulatory, c
Company's control, including natural and other disasters or climate change aɢecting the operations of th
crises such as the global pandemic associated with the coronavirus (COVID-19); (3) liabilities related to c
products and chemistries, and claims and governmental regulatory proceedings and inquiries related to
developments that could occur in the legal and regulatory proceedings described in the Company's Ann
quarterly reports on Form 10-Q (the “Reports”); (5) competitive conditions and customer preferences; (6
and market acceptance of new product oɢerings; (8) the availability and cost of purchased components
derivatives) due to shortages, increased demand or supply interruptions (including those caused by natu
with the phased implementation of a global enterprise resource planning (ERP) system, or security breac
infrastructure; (10) the impact of acquisitions, strategic alliances, divestitures, and other unusual events
strategies, and possible organizational restructuring; (11) operational execution, including scenarios whe
(12) ɥnancial market risks that may aɢect the Company’s funding obligations under deɥned beneɥt pens
of capital. Changes in such assumptions or factors could produce signiɥcantly diɢerent results. A furthe
Concerning Factors That May Aɢect Future Results" and "Risk Factors" in Part I, Items 1 and 1A (Annual
by applicable Current Reports on Form 8-K. The information contained in this news release is as of the d
looking statements contained in this news release as a result of new information or future events or deve
Exhibit 1
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 26 of 61

Company
Earnings and
Dividends
Media
Contacts
3M Stories
Investor
Relations
History
Help Center
Site Map
3M United States
About 3M
At 3M, we apply science in collaborative ways to improve lives daily. With $32 billion in sales, our 96,00
3M’s creative solutions to the world’s problems at www.3M.com or on Twitter @3M or @3MNews.
Contact:
Jennifer Ehrlich
651-733-8805
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PRESS
RELEASES
3M NEWS
CENTER
RELATED
LINKS
HELP
NEWS
Exhibit 1
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 27 of 61

Mergers and
Acquisitions
Product and
Brand
Sustainability
View All
Releases
Resources
About 3M
About 3M
Factsheet
Research &
Development
Press
Releases
SDS Search
Transport
Information
Search
RoHS &
REACH
Information
Search
CPSIA
Certiɥcation
Search
California
Supply
Chains Act
Disclosure
(PDF, 84KB)
UK Modern
Slavery Act
Statement
(PDF, 169KB)
More
Regulatory &
Compliance
Information
About 3M
3M Careers
Investor
Relations
Partners &
Suppliers
Government
Customers
Sustainabilit
y
3Mgives
REGULATORY
ABOUT US
Exhibit 1
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 28 of 61

FOLLOW US
Change Location
United States - English
Legal
|
Privacy
© 3M 2020 . All Rights Reserved.
Business Wire NewsHQ

The brands listed above are trademarks of 3M.
sm
Exhibit 1
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 29 of 61

3M United States Coronavirus
Alert: 3M is committed to the ɥght against COVID-19. L
The COVID-19 pandemic continues to aɢect all of us, and 3M is
working around-the-clock to help provide critical tools for the ɥght.
Our current focus: supporting healthcare and front-line workers
around the world by manufacturing products they need to help
protect their lives as they treat others.
Helping the
world
respond to
COVID-19
3M is committed to doing everything we can to ɥght
COVID-19 and support healthcare workers globally
PRODUCTS FOR
BUSINESS

PRODUCTS FOR
CONSUMERS

ABOUT US 
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 30 of 61

Increasing
output of N95
respirators
Doubled our global
output rate to
nearly 100 million
respirators per
month; expect to
produce about 50
million respirators
per month in the
U.S. by June
2020.
Anticipate
doubling our global
capacity to almost
2 billion respirators
in the next 12
months.
We have not
increased the
prices we charge
for 3M respirators
in this crisis.
Partnering
with others to
supply more
Working with
governments to
investigate
alternate
manufacturing
scenarios and
exploring
coalitions with
other companies to
increase capacity
further.
Partnering with
Ford Motor
Company to
increase
production of 3M
Powered Air
Purifying
Respirators.
Secured
authorization from
the Chinese
government to
import about 10
million masks to
the US from our
manufacturing
facility in China.
Getting
product to
those who
need it most
In the last
seven days of
March 2020, we
sent 10 million N95
respirators to
healthcare facilities
across the U.S.
In the US, 90% of
our N95
respirators
designated for
healthcare
workers;
remainder for
critical industries
including: food,
energy and
pharmaceutical.
Maximizing
production of
other important
products, including
hand sanitizers and
disinfectants.
Combatting
price-
gouging,
fraud and
counterfeiting
Working with law
enforcement, retail
partners and
others to identify
unethical, illegal
counterfeiters and
price-gougers
related to 3M’s
respirators,
remove them from
e-commerce
partner sites, and
refer them to the
appropriate law
enforcement
authorities.
Inviting those with
concerns of
potentially
fraudulent activity,
price gouging, or
counterfeit 3M
products to to
report their
concerns at 3M’s
website so we can
take action.
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 31 of 61

We have created a new 3M hotline for the U.S. and Canada that
end-users and purchasers of 3M products can call for information
on how to identify authentic 3M products and to ensure products
are from 3M authorized distributors.
1 (800) 426-8688
Call the fraud hotline.
Report a concern
STATEMENT: Fraudulent Activity, Price Gouging, and Counterfeit
Products
(PDF, 1.6 MB)
3M recommends purchasing our products from a 3M authorized distributor or dealer
only. This oɢers the greatest assurance that you will receive authentic 3M product.
If you need help identifying 3M authorized distributors and dealers in your area, please
contact 3M Help Center or 1 (888) 364-3577 in the United States. In Canada, please
contact 3M Canada Customer Service at 1 (800) 364-3577.
WARNING: Fraud and Counterfeit Activity
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 32 of 61

Personal Protective
Equipment (PPE)
Proper selection and use
are key to utilizing
respirators to help reduce
exposure to airborne
contaminants. Find
Technical Bulletins, How
to Videos, Fit Testing
Resources and more
information to help you
protect your employees
and yourself.
Learn more about personal
protective equipment
Commercial
Cleaning Solutions
Get information and
application tips on 3M
cleaning and disinfectant
products for use by facility
managers, building service
contractors and all who
clean public spaces.
Learn more about commercial
cleaning solutions
Supporting Health
Care Providers
Every day, health care
workers on the front lines
put themselves at risk to
ensure others are cared
for. 3M Medical oɢers
resources and information
to help protect providers
and patients, especially
during this challenging
time.
Learn more about health care
provider resources
Learn about critical 3M products and
access helpful resources
Stay up to date with 3M's response to COVID-19
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 33 of 61

April 03, 2020
3M response to Defense Production Act order
April 01, 2020
Putting healthcare workers ɥrst during the coronavirus outbreak
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 34 of 61

March 31, 2020
3M outlines latest COVID-19 response
March 31, 2020
counterfeits, price gouging during COVID-19


Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 35 of 61

Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 36 of 61


READ MORE IN THE 3M NEWS CENTER
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 37 of 61

Center for Disease Control and
Prevention
• 2020 Situation Summary
• What You Need to Know
• Interim Infection Prevention and
Control Recommendations for
Patients with Suspected or
Conɥrmed Coronavirus Disease
2019 (COVID-19) in Healthcare
Settings
World Health Organization
• Coronavirus
• Infection prevention and control
during health care when novel
coronavirus (nCoV) infection is
suspected
Contact Media Relations
Media inquiries regarding 3M's
response to the coronavirus situation
should be referred to 3M Media
Relations.
Contact Us
Stay up-to-date on the science of COVID-19
If you have questions about the virus and how to best protect yourself,
please consult the sources below for the most current guidelines and
recommended precautions.
Exhibit 2
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 38 of 61

Int. Cls.: 9 and 10
Prior U.S. as.: 21, 23, 26, 36, 38, 39 and 44
United States Patent and Trademark Office
Reg. No. 3,398,329
Registered Mar. 18, 2008
TRADEMARK
PRINCIPAL REGISTER
3M
3M COMPANY (DELAWARE CORPORATION)
3M CENTER, 220-9E-01
2501 HUDSON ROAD
ST. PAUL, MN 55144
FOR: FULL LINE OF PARTICULATE, OZONE,
GAS, VAPOR, CHEMICAL, BIOHAZARD AND
OTHER RESPIRATORS, INCLUDING FILTERING
FACE-PIECE RESPIRATORS AND ELASTOMERIC
FACE-PIECE RESPIRATORS, OTHER THAN FOR
ARTIFICIAL RESPIRATION; FULL LINE OF SELF-
RESCUE AND PROTECTION APPARATUS, NAME-
LY, OXYGEN BREATHING UNITS, SUPPLIED-AIR
RESPIRATORS, AND POWERED AIR-PURIFYING
SYSTEMS (PAPRS) RESPIRATORS; CARTRIDGES,
FILTERS, AIR TANKS AND OTHER COMPONENT
PARTS FOR RESPIRATORS AND BREATHING
UNITS; DUST MASKS; FULL LINE OF PROTEC-
TIVE EYEWEAR, NAMELY, SAFETY GOGGLES,
EYEGLASSES AND EYE SHIELDS; FACE-PROTEC-
TION SHIELDS; EAR PLUGS AND EAR MUFFS TO
ATTENUATE SOUND AND PROTECT HEARING;
HARD HATS AND OTHER PROTECTIVE HEL-
METS; WELDING HELMETS; AIR MONITORING
DEVICES AND SENSORS FOR MEASURING GASES
AND VAPOR CONCENTRATION LEVELS; GAS
DETECTORS FOR DETECTING THE PRESENCE
OF CARBON MONOXIDE AND OTHER GASES;
THERMAL-IMAGING CAMERAS FOR USE BY
FIREFIGHTERS AND FOR SEARCH AND RESCUE;
ENVIRONMENTAL SAMPLING AND TESTING IN-
STRUMENTS AND EQUIPMENT, NAMELY, ELEC-
TRONIC LUMINOMETERS, AND RELATED
SOFTWARE, DOCKING STATIONS AND BATTER-
IES, FOR DETECTING, MEASURING AND ANA-
LYZING CHEMICALS, BIOLOGICAL
SUBSTANCES, FOOD RESIDUES AND MICROBES;
MICROBIOLOGICAL AND CONTAMINANT-TEST-
ING INSTRUMENTS AND EQUIPMENT, AND
SOFTWARE RELATED THERETO, FOR DETECT-
ING, MEASURING AND ANALYZING BACTERIA,
INCLUDING PATHOGENS SUCH SALMONELLA
AND LISTERIA, ALLERGENS, TOXINS, VITAMINS,
ANTIBIOTICS, AND OTHER ORGANISMS AND
SUBSTANCES; DIAGNOSTIC APPARATUS FOR
TESTING FOOD; LABORATORY EQUIPMENT
AND SUPPLIES, NAMELY, TEST TUBES, TEST
TUBE CAPS, DIP STICKS, RACKS, MICROTITRE
PLATES AND TRAYS; SECURITY SCANNERS AND
READERS FOR USE IN READING PASSPORTS
AND OTHER FORMS OF IDENTIFICATION;
ANTI-THEFT AND LIBRARY MATERIAL CHECK-
OUT SECURITY SYSTEMS; RADIO FREQUENCY
IDENTIFICATION (RFID) TAGS AND READERS;
COMPUTER SOFTWARE FOR SUPPLY CHAIN
MANAGEMENT FROM SOURCE TO CONSUMP-
TION, NAMELY, FOR COLLECTING, STORING
AND MANAGING DATA, AND REPORTING, EX-
ECUTING AND TRACKING, IN CONNECTION
WITH ENTERPRISE RESOURCE PLANNING, SUP-
PLIER ENABLEMENT, MANUFACTURING, IN-
VENTORY CONTROL AND WAREHOUSING,
ORDER FULFILLMENT, SHIPPING, TRANSPOR-
TATION AND DELIVERY; COMPUTER SOFT-
WARE FOR USE IN THE MEDICAL AND HEALTH
CARE FIELDS FOR PROCESSING CLAIMS FOR
REIMBURSEMENT, MAINTAINING PATIENT
AND MEDICAL RECORDS, CODING AND GROUP-
ING DATA USED FOR MEDICAL AND HEALTH
CARE RESEARCH, AND FOR REPORTING
HEALTH TRENDS AND OTHER MEDICAL DATA;
AND MEDICAL IMAGING SCANNERS AND RE-
LATED SOFTWARE FOR CAPTURING IMAGES OF
THE MOUTH AND TEETH FOR USE IN DENTIS-
TRY, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
FIRST USE 0-0-1960; IN COMMERCE 0-0-1960.
FOR: FULL LINE OF SURGICAL AND MEDICAL
MASKS, RESPIRATORS AND FACE AND EYE
SHIELDS FOR MEDICAL AND HEALTH-CARE
RELATED PERSONNEL; FULL LINE OF ORTHO-
PEDIC CASTINGS TAPES, SPLINTS, REINFORCING
STRIPS, ELASTIC BANDAGES, AND SUPPORT
BANDAGES AND COMPRESSION WRAPS; COM-
POSITE FABRICS CONTAINING FIBERGLASS
Exhibit 3
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 39 of 61

AND RESINS FOR USE IN MAKING CASTS; PAD-
DING FOR ORTHOPEDIC CASTS; ORTHOPEDIC
CASTING TOOLS; FULL LINE OF STETHOSCOPES;
FULL LINE OF SURGICAL MASKS, FACE
SHIELDS, AND RESPIRATORY MASKS FOR MED-
ICAL PURPOSES; FULL LINE OF SURGICAL AND
MEDICAL PROCEDURE DRAPES AND SHEETS;
PATIENT ISOLATION DRAPES; MEDICAL-EQUIP-
MENT ISOLATION DRAPES; NON-ADHERENT
SHEETING FOR BEDS, STRETCHERS AND EXAM
TABLES; SURGICAL GOWNS; COMPRESSION
BANDAGES; SURGICAL COMPRESSES; MEDICAL
THERMOMETERS; FULL LINE OF MEDICAL
ELECTRODES WITH OR WITHOUT CHEMICAL
CONDUCTORS AND WET GELS FOR USE IN
CARDIAC, ELECTROCARDIOGRAPH, ELECTRO-
ENCEPHALOGRAPH AND OTHER TYPES OF PA-
TIENT MONITORING; LEADS AND CONNECTORS
FOR USE WTTH MEDICAL ELECTRODES; DEFI-
BRILLATION PADS; ELECTROSURGICAL PADS,
PLATES AND ADAPTERS TO REMOVE RF CUR-
RENT FROM A PATIENT'S BODY DURING ELEC-
TROSURGERY; THERMAL COLD AND HOT
PACKS FOR FIRST AID AND THERAPEUTIC PUR-
POSES; EYE PATCHES FOR MEDICAL USE; PAD-
DING FOR USE BETWEEN MEDICAL EQUIPMENT
AND PATIENTS OR FOR ELEVATING OR POSI-
TIONING LIMBS; POUCHES FOR HOLDING SUR-
GICAL AND MEDICAL INSTRUMENTS;
ISOLATION POUCHES AND BAGS FOR STORING
ORGANS, TISSUE AND OTHER BODY PARTS FOR
TRANSPLANTS AND LABORATORY TESTING;
FULL LINE OF STERILIZED AND NON-STERI-
LIZED FASTENING AND COMPRESSION SURGI-
CAL WRAPS; AUTOCLAVES FOR MEDICAL USE;
ORTHODONTIC APPLIANCES; DENTAL APPARA-
TUS, NAMELY, INTRA-ORAL LIGHT SYSTEMS
FOR CURING DENTAL MATERIALS, CERAMIC
USED IN MAKING DENTAL CROWNS, BRIDGES
AND OTHER RESTORATIVES; DENTAL INSTRU-
MENTS AND KITS COMPRISED OF SUCH INSTRU-
MENTS, NAMELY, MANDRELS, BURS, DISCS,
CUPS, WHEELS, POINTS, BRUSHES AND ABRA-
SIVE STRIPS USED TO GRIND, POLISH OR FINISH
DENTAL RESTORATIVES; DENTAL INSTRU-
MENTS, NAMELY, SCISSORS, CRIMPING PLIERS,
CONTOURING PLIERS AND IMPRESSION TRAYS;
ELECTRONIC MIXERS FOR DENTAL COM-
POUNDS; APPLICATORS AND DISPENSERS FOR
DENTAL PRIMERS, CEMENTS, ADHESIVES, IM-
PRESSION MATERIALS AND RESTORATIVE MA-
TERIALS; GLASS-FIBER POSTS USED IN DENTAL
RESTORATIVE PROCEDURES; AND DENTAL
PROPHYLAXIS ANGLES AND DENTAL PROPHY-
LAXIS CUPS FOR USE IN CLEANING TEETH AND
DENTAL HYGIENE PROCEDURES, IN CLASS 10
(U.S. CLS. 26, 39 AND 44).
FIRST USE 0-0-1960; IN COMMERCE 0-0-1960.
THE MARK CONSISTS OF STANDARD CHAR-
ACTERS WITHOUT CLAIM TO ANY PARTICULAR
FONT, STYLE, SIZE, OR COLOR.
OWNER OF U.S. REG. NOS. 1,237,168, 2,793,534
AND OTHERS.
SER. NO. 77-257,496, FILED 8-16-2007.
TARAR HARDY, EXAMINING ATTORNEY
Exhibit 3
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 40 of 61

Int. Cls.: 1, 3, 5, 9, 10 and 28
Prior U.S. Cls.: 1, 4, 5, 6, 10, 18, 21, 22, 23, 26, 36, 38,
39, 44, 46, 50, 51 and 52
United States Patent and Trademark Office
Reg. No. 2,793,534
Registered Dec. 16, 2003
TRADEMARK
PRINCIPAL REGISTER
3M COMPANY (DELAWARE CORPORATION)
2501 HUDSON ROAD
3M CENTER
ST. PAUL, MN 55144, BY MERGER, BY CHANGE
OF NAME MINNESOTA MINING AND MANU-
FACTURING COMPANY (DELAWARE COR-
PORATION) ST. PAUL, MN 55144
FOR: ETHYLENE OXIDE FOR USE IN THE
STERILIZATION OF MEDICAL, LABORATORY
AND FOOD HANDLING INSTRUMENTS AND
EQUIPMENT; CHEMICAL AND STEAM INDICA-
TOR STRIPS AND TAPE FOR USE WITH AUTO-
CLAVES AND FOR TESTING THE STERILITY OF
MEDICAL INSTRUMENTS AND EQUIPMENT; IN-
DICATOR STRIPS FOR TESTING GLUTARALDE-
HYDE, ETHYLENE OXIDE AND OTHER
CHEMICAL SOLUTIONS AND GASES; INDICATOR
STRIPS FOR TESTING FOR BIOLOGICAL CONDI-
TIONS FOR USE IN SAFETY-MONITORING; INDI-
CATOR STRIPS FOR INDICATING
TEMPERATURES FOR USE IN THE STERILIZA-
TION AND SAFETY-MONITORING; ASSAY AND
REAGENT TEST KITS AND COUNT PLATES FOR
FIELD AND LABORATORY TESTING FOR E COLI,
COLIFORM, AND OTHER BACTERIA OR CON-
TAMINANTS IN MEAT, DAIRY PRODUCTS AND
OTHER TYPES OF FOOD, AND FOR TESTING TO
DETECT YEAST AND MOLD; AND STERILIZA-
TION MONITOR TESTING KITS CONTAINING
INDICATOR STRIPS OR TAPE, REAGENTS AND
RECORD KEEPING CARDS OR BINDERS FOR
TESTING THE STERILITY OF SURGICAL AND
MEDICAL INSTRUMENTS, EQUIPMENT, AND
SUPPLIES , IN CLASS 1 (U.S. CLS. 1, 5, 6, 10, 26
AND 46).
FIRST USE 11-0-1990; IN COMMERCE 11-0-1990.
FOR: NON-MEDICATED SKIN CARE PRO-
DUCTS, NAMELY, CLEANSERS, CREAMS, LO-
TIONS, MOISTURIZERS, BARRIER CREAMS AND
EMOLLIENTS, IN CLASS 3 (U.S. CLS. 1, 4, 6, 50, 51
AND 52).
FIRST USE 1-0-1996; IN COMMERCE 1-0-1996.
FOR: FULL LINE OF BANDAGES, DRESSINGS
AND MEDICAL TAPES, NAMELY, ADHESIVE
BANDAGES, BANDAGES FOR SKIN WOUNDS,
SURGICAL BANDAGES, WOUND DRESSINGS,
NON-STICK PADS FOR USE AS MEDICAL DRES-
SINGS, MEDICATED COMPRESSES, TRANSPAR-
ENT MEDICAL DRESSINGS, HYDROCOLLOID
DRESSINGS, COLOSTOMY DRESSINGS, ULCER
DRESSINGS, MEDICAL ADHESIVE TAPES, SURGI-
CAL TAPES, AND WOUND AND SKIN CLOSURE
ADHESIVE STRIPS WITH OR WITHOUT ANTIMI-
CROBIAL SOLUTIONS; GAUZE; WOUND HEAL-
ING FILLERS WITH OR WITHOUT GAUZE;
MEDICATED SKIN CARE PREPARATIONS; SUR-
GICAL DISINFECTANTS AND PREPPING SOLU-
TIONS; MEDICATED ANTISEPTIC HAND WASHES;
AND CULTURE MEDIA, BACTERIOLOGICAL
MEDIA AND DIAGNOSTIC PREPARATIONS FOR
CLINICAL OR MEDICAL LABORATORY USE, IN
CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
FIRST USE 2-0-1991; IN COMMERCE 2-0-1991.
Exhibit 4
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 41 of 61

FOR: COMPUTER SOFTWARE FOR USE IN THE
MEDICAL AND HEALTH CARE FIELDS FOR PRO-
CESSING CLAIMS FOR REIMBURSEMENT, MAIN-
TAINING PATIENT RECORDS, CODING AND
GROUPING DATA USED FOR MEDICAL AND
HEALTH CARE RESEARCH, AND FOR REPORT-
ING HEALTH TRENDS AND OTHER MEDICAL
DATA; AND FULL LINE OF RESPIRATORY FACE
MASKS FOR FILTERING OUT GERMS, DUST AND
POLLEN, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
FIRST USE 5-0-1992; IN COMMERCE 5-0-1992.
FOR: FULL LINE OF ORTHOPEDIC CASTINGS
TAPES, SPLINTS, REINFORCING STRIPS, ELASTIC
BANDAGES, AND SUPPORT BANDAGES AND
COMPRESSION WRAPS; COMPOSITE FABRICS
CONTAINING FIBERGLASS AND RESINS FOR
USE IN MAKING CASTS; PADDING FOR ORTHO-
PEDIC CASTS; ORTHOPEDIC CASTING TOOLS;
FULL LINE OF STETHOSCOPES; FULL LINE OF
SURGICAL MASKS, FACE SHIELDS, AND RE-
SPIRATORY MASKS FOR MEDICAL PURPOSES;
FULL LINE OF SURGICAL AND MEDICAL PRO-
CEDURE DRAPES AND SHEETS; PATIENT ISOLA-
TION DRAPES; MEDICAL-EQUIPMENT
ISOLATION DRAPES; NON-ADHERENT SHEET-
ING FOR BEDS, STRETCHERS AND EXAM TA-
BLES; SURGICAL GOWNS; COMPRESSION
BANDAGES; SURGICAL COMPRESSES; MEDICAL
THERMOMETERS; FULL LINE OF MEDICAL
ELECTRODES WITH OR WITHOUT CHEMICAL
CONDUCTORS AND WET GELS FOR USE IN
CARDIAC, ELECTROCARDIOGRAPH, ELECTRO-
ENCEPHALOGRAPH AND OTHER TYPES OF PA-
TIENT MONITORING; LEADS AND CONNECTORS
FOR USE WITH MEDICAL ELECTRODES; DEFI-
BRILLATION PADS; ELECTROSURGICAL PADS,
PLATES AND ADAPTERS TO REMOVE RF CUR-
RENT FROM A PATIENT'S BODY DURING ELEC-
TROSURGERY; THERMAL COLD AND HOT
PACKS FOR FIRST AID AND THERAPEUTIC PUR-
POSES; EYE PATCHES FOR MEDICAL USE; PAD-
DING FOR USE BETWEEN MEDICAL EQUIPMENT
AND PATIENTS OR FOR ELEVATING OR POSI-
TIONING LIMBS; POUCHES FOR HOLDING SUR-
GICAL AND MEDICAL INSTRUMENTS;
ISOLATION POUCHES AND BAGS FOR STORING
ORGANS, TISSUE AND OTHER BODY PARTS FOR
TRANSPLANTS AND LABORATORY TESTING;
AND FULL LINE OF STERILIZED AND NON-
STERILIZED FASTENING AND COMPRESSION
SURGICAL WRAPS, IN CLASS 10 (U.S. CLS. 26, 39
AND 44).
FIRST USE 6-0-1990; IN COMMERCE 6-0-1990.
FOR: ATHLETIC TAPE AND ATHLETIC SUP-
PORT AND COMPRESSION WRAPS FOR KNEES,
WRISTS, ANKLES, ELBOWS, LEGS AND ARMS, IN
CLASS 28 (U.S. CLS. 22, 23, 38 AND 50).
FIRST USE 0-0-1993; IN COMMERCE 0-0-1993.
OWNER OF U.S. REG. NOS. 1,181,981, 1,234,260
AND OTHERS.
THE MATTER SHOWN IN BROKEN LINES IN-
DICATES THE RELATIVE PLACEMENT OF THE
MARK ON A TYPICAL PACKAGE FOR THE
GOODS AND IS NOT CLAIMED AS A FEATURE
OF THE MARK.
SER. NO. 76-138,263, FILED 9-29-2000.
ALICIA COLLINS, EXAMINING ATTORNEY
Exhibit 4
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 42 of 61

Reg. No. 5,469,903
Registered May 15, 2018
Int. Cl.: 1, 2, 3, 4, 7, 8, 9,
11, 16, 17, 21
Trademark
Principal Register
3M Company (DELAWARE CORPORATION)
220-9e-01
3m Center, 2501 Hudson Road
St. Paul, MINNESOTA 55144
CLASS 1: Adhesives for industrial use; body fillers for autobody use
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 2: Coatings for protecting surfaces against moisture, corrosion, contaminants and
other conditions
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 3: Cleaning, polishing, scouring and abrasive preparations and substances; abrasives
for industrial and domestic use; preparations for cleaning, polishing, glazing, waxing,
restoring or preserving finished surfaces of motorized vehicles
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 4: Industrial lubricants
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 7: Abrasive belts, discs, pads, sheets and wheels for power-operated sanders and
grinders
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 8: Sanding blocks
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 9: protective safety facial masks, respirators other than for artificial respiration for
domestic and industrial use
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 11: Filtering devices, namely, filters for commercial use for use in the purification of
air
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 16: Stationery notes containing adhesive on one side for attachment to surfaces; tape
flags; adhesive tape dispensers for household, office or stationery use
Exhibit 5
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 43 of 61

FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 17: Adhesives tapes and adhesive tape dispensers for industrial or commercial use;
duct tapes; electrical tapes; masking tapes; mounting tapes for household and commercial use;
adhesive foam tapes, double sided adhesive tapes, all for industrial purposes; adhesive backed
plastic films for industrial and commercial use
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
CLASS 21: Scouring, cleaning and scrubbing sponges, and pads
FIRST USE 2-23-2018; IN COMMERCE 2-23-2018
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 3241340, 0561157, 0405413
SER. NO. 86-344,821, FILED 07-22-2014
Page: 2 of 3 / RN # 5469903
Exhibit 5
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 44 of 61

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten  Years*
What and When to File:
First Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date.  See 15 U.S.C. §§1058, 1141k.  If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*
What and When to File:
You must file a Declaration of Use (or Excusable Nonuse)  and  an  Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS:  The holder of an international registration with an
extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date).  The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations.  See 15 U.S.C. §§1058, 1141k.  However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the  World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration.  See 15 U.S.C. §1141j.  For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE:  Fees and requirements for maintaining registrations are subject to change.  Please check the
USPTO website for further information.  With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE:  A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic  Application System (TEAS) Correspondence  Address and Change of Owner  Address Forms
available at http://www.uspto.gov.
Page: 3 of 3 / RN # 5469903
Exhibit 5
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 45 of 61

Exhibit 6
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 46 of 61

Exhibit 6
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 47 of 61

3M COVID-19 Anti-Fraud, Anti-Price Gouging, and Anti-Cou
Have a concern to report related to Fraud, Price Gouging or Count
At 3M, we are committed to doing all we can to help combat the fraudulent, price gouging, and c
will not tolerate any such activity by 3M authorized channel partners and we will aggressively pur
enforcement authorities around the world – including, in the U.S., the U.S. Attorney General, State
Exhibit 7
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 48 of 61

COVID-19 Fraud
Please complete as much of the information requested below as possible. Fields marked with an as
that 3M has received the report. We request that you reply to that email and attach any copies of i
can help us to investigate the situation.
Requestor Information
First Name*
Last Name*
Company Name
Email/Business Email Address*
Phone/Business Phone Number*
Government Agency Name (if applicable)
Country/Region*
Account Type*
United States
Select One
Exhibit 7
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 49 of 61

Alleged Solicitor/Seller Information
Please provide as much information as possible.
Seller First Name
Seller Last Name
Seller Company
Seller Email
Seller Phone
Seller's Website
Fraud Product Details
Product 1*
Product 1 Price
Product 1 3M SKU
Product 1 Quantity
Select One
Exhibit 7
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 50 of 61

Product 2
Product 2 Price
Product 2 3M SKU
Product 2 Quantity
Product 3
Product 3 Price
Product 3 3M SKU
Product 3 Quantity
How did the interaction take place?*
Interaction URL
Product Fraud Details*
Provide as much detail about the interaction as possible including how you ɚrst contacted the selle
Select One
Select One
Select One
Exhibit 7
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 51 of 61

3M respects your right to privacy. 3M will collect, use, and disclose the personal information you
fraud, price gouging and fraudulent activity, 3M may voluntarily share information with law enforc
law enforcement agencies, 3M will have no control over that personal information.
Please be aware that the information you supply about yourself, or any aspect of 3M’s operations
information that, to the best of your knowledge, is correct. You will not be sanctioned for submitti
knowingly provide false or misleading information, it may result in disciplinary or judicial action.
Submit
Exhibit 7
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 52 of 61

CAUSENO._______________
3MCOMPANY,
Plaintiff,
v.
JOHNDOE,claimingtobethe
“3MCompanyTrustAccount”

Defendant.

§
§
§
§
§
§
§
§
§
§
INTHEDISTRICTCOURTOF

DALLASCOUNTY,

___JUDICIALDISTRICT
AFFIDAVITOFWILLIAMGORDONCHILDS

BEFOREME,theundersignedauthority,onthisdaypersonallyappearedWilliamGordon
Childs,anduponhisoathstatedasfollows:

1.
Mynameis WilliamGordonChilds.Iamover18yearsofageandhaveneverbeen
convictedofacrimeinvolvingmoralturpitude.Iamofsoundmindandsuffernolegal
disabilities. I am competent and qualified to make this Affidavit. I have personal
knowledgeofthefactualmatterssetforthhereinandtheyaretrueandcorrect.
2.
IamSeniorCounselfortheApplicant,3MCompany(“3M”),andamauthorizedto
submitthisaffidavitinsupportofitsOriginalPetitionandApplicationforTemporary
andPermanentInjunctions.

3.
InresponsetoCOVID-19,respiratorshavebeeninhighdemand. 3Mhasidentified
retailersoffering3M™brandrespiratorproductsatexorbitantprices. Inmanycases,
theseretailerswrongfullyclaimtobeaffiliatedwith3Moruse3Mmarkswithout
authorization.

4.
3Miscommittedtohelpingcombatthefraudulent,pricegouging,andcounterfeit
activitythat is unfortunatelyoccurringin connection with COVID-19.On March
31, 2020, 3Mpublishedanotice(attachedasExhibit“A”)confirming3Mwillbe
aggressivelypursuingthirdpartiesseekingtotakeadvantageofthiscrisis.3Malso
created a COVID-19 Fraud Hotline and has confirmed it has not changed its
respiratorpricing.3Misworkingwithlawenforcementtoeliminatepricegouging.

5.
3Mwasalertedofonesuchentity,offeringpurported3M™brandrespiratorsbythe
NewYorkCityMayor’sOfficeofContractServicesonMarch30,2020.See03/30/20
E-mailStringattachedasExhibit“B”.

6.
3M was advised that Defendant John Doe, by and through its representative,
representeditselfasthe“3MCompanyTrustAccount”andrepresentedtotheChief
Document Id: 47887A20-7B64-11EA-8031-739EDFAB6730
OnlineNotary.net
Page 1/3
Exhibit 8
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 53 of 61

Procurement Officer of New York City that it had 35,000,000 3M respirators
availableforsale.SeeExhibit“B”.

7.
We also learned that John Doe, representing itself as the “3M Company Trust
Account”byandthroughhisrepresentative,offeredtoselltheCityofNewYork20
Million 3M 8210respiratorsand 500,000 3M 1860respirators are excessive and
exorbitantprices.Id.

8.
Initsemailcommunications,Defendant,byandthroughitsrepresentative,offeredtosell
New York City’s Procurement Office: (i) 20 million 3M-brand, N95 Model 8210
respiratorsfor$5.75each,and(ii)500,0003M-brand,N95Model1860respiratorsfor
$5.75each.Id.

9.
Theattachedemailstring,providedto3MbytheCityofNewYorkProcurementOffice,
reflectsthatthepricesDefendantofferedtosell3M-brandN95respiratorstoNewYork
City’sProcurementOfficewereapproximately450%-600%above3M’slistprices.Id.

10.
The“3MCompanyTrustAccount”purportedlylocatedat7750N.MacArthurBlvd.,
Irving,Texas75039isnotanentitythatisinanywayassociatedoraffiliatedwithPlaintiff
3MCompanyandIdidnotlocateanyauthorized3Mdistributorwiththataddress.

11.
3MseekstheCourt’sexpeditedassistanceinpreventingtheJohnDoedefendantfrom
representingitselftoStateGovernmentsorthepublicashavinganyrelationshipto
3M,orelse3Mwillsufferimmediate,irreparableharm.

12.
Imakethisaffidavitingoodfaithandfornoimproperpurpose.

Further,affiantsayethnot.
SUBSCRIBEDANDSWORNthis____dayofApril,2020.

_____________________________

WilliamGordonChilds

STATEOFTEXAS
COUNTYOF________________
ThisaffidavitwassworntoandsubscribedbeforemebyWilliamChilds,onthis___dayofApril
2020,tocertifywhichwitnessmyhandandsealofoffice.

______________________________

NotaryPublicSignature
10
Arlington, State of Virginia
10
Document Id: 47887A20-7B64-11EA-8031-739EDFAB6730
OnlineNotary.net
Page 2/3
Exhibit 8
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 54 of 61

______________________________

Notary’sPrintedName

MyCommissionExpires:_______

Chirag Patel
June 30, 2020
CHIRAG PATEL
ELECTRONIC NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
REGISTRATION # 7679556
MY COMMISION EXPIRES JUNE 30, 2020
Notary Stamp Placed at 2020/04/10 15:53:34 EST
w51ig
Document Id: 47887A20-7B64-11EA-8031-739EDFAB6730
OnlineNotary.net
Page 3/3
Exhibit 8
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 55 of 61

March 31, 2020
At 3M, we are committed to doing all we can to help combat the fraudulent, price gouging, and counterfeit
activity that is unfortunately occurring in connection with COVID-19. Examples include people fraudulently
representing themselves as being affiliated with 3M and having authentic 3M product to sell, selling (or
offering to sell) 3M products at grossly inflated prices, selling counterfeit products falsely claimed to be from
3M, and falsely claiming to manufacture 3M products. In many cases, these scammers will try and secure
funds in advance and then disappear once the money is received.
3M will not tolerate any such activity by 3M authorized channel partners and we will aggressively pursue
third-parties that seek to take advantage of this crisis. We are working with law enforcement authorities
around the world – including, in the U.S., the U.S. Attorney General, state Attorneys General, and local
authorities.
We have also created a new 3M COVID-19 Fraud hotline for the U.S. and Canada that end-users and
purchasers of 3M products can call for information to help detect fraud and avoid counterfeit products.
You can reach this hotline by calling: 1 (800) 426-8688.
In addition to the hotline, you can report a concern at www.go.3m.com/covidfraud.
3M recommends purchasing our products only from a 3M authorized distributor or dealer, as that offers the
greatest assurance that you will receive authentic 3M products.
If you need help identifying 3M authorized distributors and dealers in your area, please contact 3M Help
Center at www.3m.com/3M/en_US/company-us/help-center or 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.
With regard to 3M respirators specifically, we are
providing the following additional information to
help stop price gouging and sales of counterfeit
products:
•
3M has not changed the prices we charge
for 3M respirators as a result of the
COVID-19 outbreak.
•
We are actively working to eliminate price
gouging, including making referrals to law
enforcement where appropriate.
•
To help customers identify and avoid inflated
prices, we are now publishing current single-case
list prices for many of the most common 3M N95
respirator models sold in the U.S.
•
List prices for these models sold in Canada are
similar on a currency-adjusted basis.
Model #
List Price (USD)
Surgical N95
Respirators
1804
$0.68
1804S
$0.68
1860
$1.27
1860S
$1.27
1870+
$1.78
Standard N95
Respirators
8210
$1.02 - $1.31
8210Plus
$1.18 - $1.50
8210V
$1.48 - $1.88
8110S
$1.08 - $1.37
8200
$0.63 - $0.80
8511
$2.45 - $3.11
9105
$0.64 - $0.81
9105S
$0.64 - $0.81
9210+
$1.40 - $1.78
9211+
$2.68 - $3.40
Fraudulent Activity, Price Gouging, and Counterfeit Products
Exhibit 8, attachment A
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 56 of 61

•
These list prices are per respirator.
•
Actual prices may be lower than these list prices, as negotiated between you and your chosen reseller.
•
3M has also worked to further accelerate delivery of respirators to critical end-users – both by utilizing
our existing network of healthcare distributors and, where it makes sense to do so, shipping directly to
end-user locations. Effective the week of March 23, the small volume of 3M filtering facepiece respirators
being made available to critical industrial infrastructure is shipping directly to the specified end-user.
•
3M respirators should be sold only in 3M packaging, with model-specific user instructions accompanying
the product.
•
3M respirators should not be sold individually or without packaging (including User Instructions).
•
3M has strict quality standards, and therefore products that have missing straps, strange odors, blocked
valves, misspelled words, etc. are likely not authentic 3M respirators.
Finally, 3M personal protective equipment (PPE) is intended, labeled, packaged, and certified to meet the
requirements of the countries in which 3M sells it. Those requirements differ around the world, including as
it relates to, for example, respirator performance, local language, and local certification and approval for sale
and use. As a result, 3M PPE imported from other countries may not meet local requirements. Please confirm
such PPE meets all applicable requirements prior to use.
For technical assistance regarding the selection and use of 3M respirators, please contact your local
3M Technical Service team. In the U.S., you can call 1 (800) 243-4630. In Canada, you can
call 1 (800) 364-3577.
3M Company
3M Center
St. Paul, MN
55144-1000
© 3M 2020. All Rights Reserved.
3M is a trademark of 3M Company and affiliates.
Used under license in Canada.
For more information, contact the 3M Help Center at 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.
Exhibit 8, attachment A
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 57 of 61

3&%"$5&%
Exhibit 8, attachment B
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 58 of 61

Exhibit 8, attachment B
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 59 of 61

Exhibit 8, attachment B
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 60 of 61

Exhibit 8, attachment B
Case 1:20-cv-02949-LAP   Document 16-8   Filed 04/24/20   Page 61 of 61

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