NEW YORK (GenomeWeb) – Luminex on Wednesday filed a trademark-infringement lawsuit in Texas Western District Court against Curiox BioSystems, alleging that Curiox "has seen the need for Luminex's technologies and has decided to divert sales away from Luminex."
The complaint states that Curiox has "implemented a wide-ranging scheme to confuse the market as to affiliation with Luminex, as well as trick customers into engrafting Curiox's non-validated parts into the Luminex system."
Curiox's objective, the complaint further alleges, is "to cobble together an unvalidated Frankenstein-ish system that fails at the very thing assay testing is designed to accomplish —producing accurate test results."
Luminex said in the complaint that the case also involves Curiox's false and misleading advertising about the Luminex system, as well as Curiox's components that purport to integrate with the Luminex system.
The complaint noted that in its commercial advertising, Curiox claims that when customers replace their Luminex microtiter plate — an element central to the Luminex system — and instead utilize Curiox's Drop-Array plates, and then purchase Curiox's proprietary washing unit, "researchers and clinicians will experience superior sensitivity to the Luminex System." Luminex claims none of this is true.
The company is asking the court to bar Curiox from continuing to advertising its products, from making any false or misleading statements that compare Curiox's technology to Luminex's, and to force Curiox to pay unspecified damages.