AMID and MedicAlert make medical-identification jewelry. AMI…
AMID and MedicAlert make medical-identification jewelry. AMID’s jewelry displays the wearer’s critical medical information, so emergency personnel can see the medical conditions on the jewelry itself. MedicAlert’s jewelry displays a toll-free phone number that emergency personnel can call to obtain information on the wearer’s medical conditions. AMID markets its medical-identification products in part by sending unsolicited mass-mailed countertop displays with tear-off pads attached to doctors’ offices. These displays are intended to be placed in doctors’ waiting rooms or lobbies, where patients gather or pass through. AMID includes a letter to each doctor’s office explaining what to do with the enclosed display and the importance of patients wearing medical-identification jewelry. This dispute began after a former AMID marketing manager, codefendant Justin Noland, resigned from AMID and went to work at MedicAlert. MedicAlert had sold its medical-identification jewelry since the 1950s, but it had not mailed unsolicited countertop displays to doctors’ offices for the prior six years. MedicAlert resumed the mailings after Noland began working there. AMID presents evidence showing the similarities between its letter to doctors and its display, and those recently sent by MedicAlert.