Zest Dental Files Complaint Against ZimVie

Zest Dental Files Complaint Against ZimVie. Image: © Zest Dental Solutions

Zest Dental has filed a complaint against ZimVie in the Supreme Court of the State of New York, claiming that ZimVie breached an agreement regarding trademarked retention insert colors, according to a press release from Zest Dental. The complaint fully alleges that Biomet 3i, operating as ZimVie, used Zest Dental’s trademarked colors when developing their own retention inserts, all done without Zest Dental’s knowledge.

“We disapprove of ZimVie’s unauthorized use of Zest Dental’s iconic LOCATOR® insert colors,” Zest Dental CEO Tom Stratton says in the press release. “ZimVie served as a distributor for Zest for more than a decade until 2021. As a distributor, we expected ZimVie to negotiate in good faith for the right to sell ZEST LOCATOR products including inserts featuring Zest’s trademarked colors or to abide by the contractual limitations on its use of the colors.”

Per Zest Dental, ZimVie is not authorized to use these colors, and Zest is seeking monetary relief. Stratton assures that this is a matter of maintaining obligations to its customers.

“Zest firmly believes that ZimVie’s secret development and subsequent marketing of retention inserts using Zest’s colors breach ZimVie’s contractual obligations to Zest,” Stratton says in the press release. “The complaint filed against ZimVie today represents Zest’s first step in enforcing those obigations. As always, Zest will vigorously defend its contractual and intellectual property rights.”