According to a press release from Strauss Diamond, the company “acknowledges and respects the intellectual property rights of Align. Strauss Diamond has always felt that Align has the best intraoral scanner offering.”
As part of the agreement, Strauss Diamond has discontinued sales of its MagicSleeve and MagicSleeve Ultra products for use with Align scanners.
Strauss Diamond Instruments is a U.S.-based distributor of dental rotary products, such as Diamond burs, carbides, and polishers. The MagicSleeve is a silicone sleeve that covers the wand component of intraoral scanners. Strauss Diamond had marketed the MagicSleeve for use with Align’s iTero Element intraoral scanners. The company went so far as to feature Align trademarks and product images in its advertising materials.
Align filed a motion for preliminary injunction in the Northern District of California against Strauss to enjoin the company from “advertising…or selling its dental imaging wand sleeve product (MagicSleeve), or any other product for use with Align’s dental imaging (iTero) scanner system or Align products, and from using the iTero and Invisalign marks.”
Align argued Strauss’ uses of Align product names in social media postings and Align-created content implied an endorsement or association between the two companies that did not exist.