Pradeep Mohan believes that he is caught in “a wasteful, paper-intensive battle” with “a bullying corporate giant.” The Santa Cruz resident operates a small garage-based business selling stethoscopes over the Internet. His chief competitor is 3M, a $23 billion dollar corporate giant best known for its scotch tape. 3M also dominates the stethoscope market in the United States.
Mohan imports most of his stethoscopes from China and sells them online via Amazon, eBay and several other distributors. In June 2009, 3M became aware of his incursion into the market and sued him in U.S. District Court, claiming that his marketing language was too similar to 3M’s and that he used the company’s images for his own marketing purposes. This, the corporate lawyers claim, gives consumers the false impression that the stethoscopes he sells are manufactured by 3M.
Mohan, in turn, argues that 3M let its trademarks expire, and that it acted in a confusing and negligent manner. He also said that the matter could have been resolved through a simple phone call were it not for the corporation’s “hubris.” Finally, he contends that 3M is a monopoly that is stifling competition.
Perhaps his greatest problem is that he is arguing this himself in court, without any legal representation. He claims that his total out-of-pocket expenses amount to just $2,000, a “shoestring budget,” just like the budget of the company he now runs.
A judge has yet to determine the outcome of the case, but Mohan is optimistic. He says that despite all his credentials, including two master’s degrees in engineering and an MBA from Berkeley, he is dead broke. He may lose his case, but he doesn’t have much to lose. Read more at the Mercury News.
