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American Bio Medica Files Second Patent Infringement and Trademark Dilution Lawsuit.


KINDERHOOK, N.Y.--(BUSINESS WIRE)--October 15, 1999--

American Bio Medica medica (māˑ·dē·k  Corp. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
: ABMC ABMC American Battle Monuments Commission
ABMC Alexian Brothers Medical Center (Illinois)
ABMC Aviation Battle Management Concept
ABMC Arrowbear Music Camp (California) 
) today announced that it filed a lawsuit in the United States District Court for the Southern District of Alabama The United States District Court for the Southern District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Baldwin, Choctaw, Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox.  against Larry Hartselle (and his company Instant Drug Detection), Gulf Supply Co., Inc. of Mobile, Alabama and Drug Detection Devices, Ltd. of Atlanta, Georgia. The suit alleges infringement of a U.S. design patent owned by American Bio Medica, trademark dilution of the Company's Rapid Drug Screen trademark and unfair competition.

The Company claims that Instant Drug Detection is marketing a drug screening test that is a copy of American Bio Medica's Rapid Drug Screen(TM) on-site drug test, resulting in confusion in the marketplace. ABMC also claims that another copy of the Rapid Drug Screen is manufactured by Drug Detection Devices and distributed by Gulf Supply Co., thus resulting in further confusion in the marketplace.

The Company has sought injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  to prevent consumers' confusion, mistake or deception as a result of the defendants' alleged use of the Company's design, trademarks or service marks, as well as to prevent dilution of the Company's trademarks and service marks. The Company also seeks monetary damages.

"American Bio Medica continues to vigilantly defend its proprietary products and rights in the marketplace with lawsuits against parties that we learn are manufacturing and marketing knock off products of our patented drug tests," stated American Bio Medica CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  and Chairman Stan Cipkowski. "We will continue our efforts to block all companies that infringe upon our patent and trademark rights and in the process harm the consuming public by letting people think that they are buying the Rapid Drug Screen instead of an unauthorized copy."

American Bio Medica Corporation develops, manufactures, and markets inexpensive, accurate, on-site drugs of abuse diagnostic kits and support services support services Psychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services  worldwide. The Company's global distributors target the workplace, clinical, rehabilitation, physicians, corrections, and educational markets. ABMC's Rapid Drug Screen(TM) is proven to correlate 100% with the standard laboratory screening test.

Forward-looking statements in this release are made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. Investors are cautioned that such forward-looking statements involve risk and uncertainties, including without limitation, continued acceptance of the Company's products, increased levels of competition for the Company, new products and technological changes, the Company's dependence on third-party suppliers, intellectual property rights, and other risks detailed from time to time in the Company's periodic report filed with the Securities and Exchange Commission
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Oct 15, 1999
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