InMode Granted Preliminary Injunction Against Online Sellers Prohibiting Counterfeit Sales of Morpheus8 Radiofrequency Devices and Cartridge Accessories

Rhea-AI Summary

InMode (INMD) has secured a preliminary injunction from the U.S. District Court for the Central District of California against sellers of counterfeit Morpheus8 radiofrequency devices and accessories. The court order, issued by Judge Michael Fitzgerald on September 3, 2024, includes asset freezing and listing removals for involved sellers. The company previously obtained a Temporary Restraining Order due to public safety concerns regarding counterfeit medical products. CEO Moshe Mizrahy emphasized the company's zero-tolerance approach to counterfeit products and commitment to public safety. InMode will continue enforcement actions against counterfeit sellers and directs U.S. patients to verify authorized providers through their website.

Positive

• Successful legal action against counterfeit sellers protecting company's intellectual property
• Court-ordered asset freeze of counterfeit sellers strengthening brand protection
• Demonstrated ability to enforce trademark rights through legal system

Negative

• Presence of counterfeit products in the market potentially affecting brand reputation
• Ongoing costs associated with legal enforcement against counterfeiters

Insights

Legal Expert

This preliminary injunction marks a significant legal victory for InMode in protecting its intellectual property and market position. The court's decision demonstrates strong evidence of trademark infringement and public safety concerns, which strengthens InMode's ability to combat counterfeit products. The asset freeze on counterfeit sellers creates an immediate financial impact and establishes a legal precedent for future enforcement actions.

The ruling has three key business implications:

• Enhanced brand protection and market value preservation
• Reduced revenue loss from counterfeit sales
• Strengthened position for future legal actions against other potential counterfeiters

This development helps secure InMode's revenue streams and protects its $1.36B market capitalization from erosion due to counterfeiting.

IRVINE, Calif., Oct. 24, 2024 /PRNewswire/ -- InMode Ltd. (Nasdaq: INMD), a leading global provider of innovative medical technologies, has been granted a preliminary injunction by the U.S. District Court for the Central District of California in a lawsuit filed against sellers identified to be the source of unlawful counterfeit sales of Morpheus8 radiofrequency devices and cartridge accessories. 

On September 3, 2024, the Honorable Michael Fitzgerald of the U.S. District Court for the Central District of California issued the order granting InMode's motion for a preliminary injunction.  InMode's large-scale action against these illegitimate sellers also warranted a Temporary Restraining Order (TRO), which was granted due to strong supporting evidence that it is within the public interest to protect InMode's trademarks and prevent the sale of counterfeit products, particularly in this case, where Defendants' counterfeit Morpheus8 products could be sold to unsuspecting third parties for use in medical procedures. As a result, a court-ordered preliminary injunction has been issued, freezing various assets, and account listings of all sellers involved in the sale of the aforementioned counterfeit goods.

"InMode has zero tolerance for dishonest business practices and considers the safety of the public its number one priority," said Moshe Mizrahy, CEO of InMode. "We will take necessary action with online platforms and sellers participating in the irresponsible use, sale or distribution of our brand and counterfeit products associated with it."

InMode will continue to relentlessly pursue enforcement against sellers of counterfeit InMode products and Morpheus8 devices and accessories to address the harm and adverse reactions caused by counterfeit Morpheus8 devices. In the United States, patients can confirm they are receiving top-quality care from an InMode provider using a genuine Morpheus8 device by finding an authorized provider at www.inmodemd.com/find-a-provider.

About InMode 

InMode is a leading global provider of innovative medical technologies. InMode develops, manufactures, and markets devices harnessing novel radiofrequency ("RF") technology. InMode strives to enable new emerging surgical procedures as well as improve existing treatments. InMode has leveraged its medically accepted minimally invasive RF technologies to offer a comprehensive line of products across several categories for plastic surgery, gynecology, dermatology, otolaryngology, and ophthalmology. For more information about InMode and its wide array of medical technologies, visit www.inmodemd.com.

Press Contact:
Behrman Cesa Communications
inmode@behrmancesa.com 

Investor Contact:
MS-IR LLC
Miri Segal – Scharia
ir@inmodemd.com 

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SOURCE InMode Ltd.

FAQ

What legal action did InMode (INMD) secure against counterfeit sellers in September 2024?

InMode secured a preliminary injunction from the U.S. District Court for the Central District of California, freezing assets and account listings of sellers involved in counterfeit Morpheus8 device sales.

How can patients verify authentic InMode (INMD) Morpheus8 providers in the US?

Patients can verify authentic InMode Morpheus8 providers by using the authorized provider finder tool at www.inmodemd.com/find-a-provider.

What measures did the court grant InMode (INMD) against counterfeit sellers?

The court granted both a Temporary Restraining Order (TRO) and a preliminary injunction, which includes freezing assets and account listings of counterfeit sellers.