Category: News and Views
Maxi Aids again finned for ripping off the Blind Community--
From Braille Monitor
Report on Settlement in Perkins/Maxi-Aids Litigation:
As Monitor readers may recall, the Perkins School for the Blind (Perkins)
filed a lawsuit in federal district court in May of 2002 against Maxi-Aids,
Inc., and its principals, Elliot Zaretsky, his two sons, and his daughter.
(As we understand it, Mitchell and Pamela were later dropped from the
suit.) The suit alleged, among other things, trademark infringement, unfair
competition, and interference with economic benefit.
Perkins had entered into an agreement with the South African National
Council for the Blind (SANCB) for assembly and distribution of Perkins
Braillers to blind people and to schools and programs for the blind in
South Africa and in developing countries. The Hilton Foundation subsidized
this arrangement by providing a grant amounting to $100 per Brailler.
The suit alleged that Maxi-Aids, through covert intermediaries and shell
entities, obtained the Braillers intended for South Africa and the
developing countries from SANCB and diverted them back to the United
States. Maxi-Aids then allegedly sold the Braillers in this country at a
lower price than that at which Perkins sells them and of course at an
exorbitant profit to itself. Maxi-Aids and the Zaretskys have been involved
for years in prior litigation in which Independent Living Aids (ILA) and
its principal, Marvin Sandler, obtained a sizeable verdict against them for
trademark infringement and other unlawful business practices.
After some preliminary litigation Perkins and Maxi-Aids arrived at a
settlement in April of 2004. Under the terms of that settlement, Maxi-Aids
and the Zaretskys acknowledge that Perkins has exclusive right, title, and
ownership in the Perkins Braillers. Maxi-Aids and the Zaretskys represent
and warrant that they obtained no more than 1,670 Braillers from South
Africa and that they have sold all of those Braillers and have none in
their inventory. They further agree not to sell, offer to sell, advertise,
or otherwise attempt to distribute Perkins Braillers, unless purchased
directly from Perkins in the ordinary course of business.
In addition, Maxi-Aids and the Zaretskys agree to pay Perkins an
undisclosed sum of money. All parties to the settlement agree that they
will not discuss its terms with anyone else. Although this case did not go
to trial, it appears Perkins has obtained an extremely favorable
settlement.
Please pass along to other visually impaired individuals. The visual
impaired community does not need to support a company that has such
dishonest and fraudulent business practices.