Global Protection is a condom company formed by Tufts graduates in 1988. Global and its Malaysian owner/manufacturer, Karex Berhad SDN BHD, bring charges of trademark infringement, design patent infringement and unfair competition against Eric Arthur and his company, MSC of Fort Smith, doing business as MSCI. Global has an incontestable mark for “ONE” for use with condoms, and Karex owns a design patent on a foil package for a condom.
MSCI sells condoms in a similar foil package with a large “1” on the packaging, which Global alleges will likely cause confusion. Global seeks injunctive and monetary relief as well as fees and costs.