Amazon Reviews - Chummie, Dry-Knight and Lil' Jumbl continue to Deceive Amazon Customers.

We have frequently complained about Amazon Reviews purchased by unethical sellers. Theos Medical Systems, the maker and seller of Chummie products, and its owner Saket Bhatia (Theos/Chummie/Bhatia) have blatantly indulged in buying reviews to boost their ratings on Amazon Reviews. Many have been for cash, and many for "donations" of the product to recipient "Reviewers." A Federal Judge has already ordered Theos/Chummie/Bhatia to stop this purchasing reviews for cash, and to have many such reviews removed from Chummie's Amazon Reviews. The Judges Order and our comments about it can be found at

Grand Deceit by Theos Medical Systems and Chummie – A Judge's Order! (Part 1)
Grand Deceit by Theos Medical Systems and Chummie – A Judge's Order! (Part 2)
Theos Medical Systems and Chummie’s Grand Deceit – Amazon and Costco’s Dilemma!

We have still to see this happen, and shall write much more about this later. 

We have also pointed out in substantial detail how these same sellers run up their Amazon ratings by donating a substantial number of products to persons who then almost invariably write very positive reviews about the products generously given to them. This has been expressed in considerable detail in

Fallacies on Amazon Reviews - Hyping by Dry-Knight and Lil' Jumbl  and 
Abusing and Misinterpreting Amazon Reviews: The Case Against Chummie, Dry-Knight and Lil' Jumble.

So we shall examine the performance of these three sellers of bedwetting alarms by first removing the Amazon Reviews false bias by looking at Chummie's performance on eBay:


We then look at the extreme bias that Dry-Knight and especially Lil' Jumbl have on Amazon through their abundant give-aways of product to buy good reviews:

It does not surprise us that even with all of these purchased "good" reviews, there are sufficient "bad" reviews by earnest customers who have actually spent their money purchasing these items on Amazon, so that their Amazon results are still poor (in our opinion).

Look at the detailed comparison table in

Abusing and Misinterpreting Amazon Reviews: The Case Against Chummie, Dry-Knight and Lil' Jumble.

to truly understand how poor the Chummie, Dry-Knight and Lil'Jumbl bedwetting alarms are, in features and price, when compared to a sample of substantially superior alarms.

We point out the above in the hope that you, the customer, though your intelligent actions, can stop the abuse of Amazon Reviews, and simultaneously stop being mis-led by Amazon Reviews.

Theos Medical Systems and Chummie’s Grand Deceit – Amazon and Costco’s Dilemma!

Continued from the previous blog entry.

Overall, the Honorable Federal Judge of the Northern District of California’s Order/Decree relating to Theos Medical Systems, Inc. and Saket Bhatia provides a rather complete validation of our complaints against them, pointing out the many ways in which they were misleading and "fooling" the public into buying Chummie products. And it is now obvious that the public were not the only ones "fooled."

We strongly suspect that this illegitimate behavior was instrumental in Theos/Chummie being perceived by Amazon as a "disruptor" in the bedwetting alarms industry. What Amazon did not know, or was unwilling to accept when it was pointed out to them, is how illegitimate Bhatia's behavior was, which very possibly resulted in Amazon making the mistake of making a commitment to purchase a substantial number of items from Theos/Chummie/Bhatia for sale by Amazon. Common sense suggests that Amazon would likely not make such a decision today, especially after the Judge's Order about Theos/Bhatia. It is also obvious that Chummie sales on Amazon have dropped substantially this year, and it is very possible that this may be another reason that Amazon may now regret having to handle its commitments on the Chummie products.

As pointed out in our blog entry just prior to this, the signing of this Judge's Order/Decree by Bhatia was delayed as long as possible, so that Bhatia could convince Costco to accept his product. Common sense again suggests that Costco would be unlikely to make such a decision today, especially after the Judge's Order about Theos/Bhatia.

We now have Amazon and Costco being swayed by Theos/Chummie/Bhatia into accepting their products through unethical means and false information that have a consent order about their continued or future use by a Federal Judge, and corrections ordered of past abuses in these areas.

How will Amazon and Costco extricate themselves from poor commitments to sell obsolete products with obsolete technology at absurd prices? Perhaps the extensive false information provided to both Amazon and Costco, including exaggerations and false “facts” about their Chummie products by Theos Medical Systems and Saket Bhatia, sustained and developed over several years, can be used by both Amazon and Costco to extricate themselves from a costly commitment that was very probably influenced by this fake information.

The poor value of Chummie’s bed-wetting alarms as compared to some others is very evident in our prior blog entry:

Abusing and Misinterpreting Amazon Reviews: The Case Against Chummie, Dry-Knight and Lil' Jumble.

We continue to wonder why any moral, ethical and sensible buyer would want to conduct any business with Theos Medical Systems or purchase their Chummie products.

Grand Deceit by Theos Medical Systems and Chummie – A Judge's Order! (Part 2)

Continued from the previous blog entry - Part 1 

2.         We have complained for years that Bhatia was using grossly exaggerated and unsubstantiated claims for his Chummie products on his website(s) and the websites of parties such as Amazon and eBay. Consumers and buyers were being grossly misled by these fake facts. The Judge‘s Order stipulates that the following statements be modified or removed from such related sites in all countries:

a).        Change the statement “#1 doctor recommended bedwetting alarm” to “doctor recommended bedwetting alarm.”

b).        Change the statement “world’s #1 pediatrician recommended alarm” to “widely recommended by pediatricians.”

c).         Remove the statement “urine detection is 50x faster than other bedwetting alarms.”

d).         Remove the statement “more pediatric urologists recommend Chummie over other alarms.”

e).         Change the statement “Chummie is the only alarm that stops bedwetting” to “Chummie alarms stop bedwetting.”

f).          Change the statement “Chummie’s urine detection area is 100x larger than other alarms” to “Chummie’s urine detection area is significantly larger than other clip sensors.”

g).         Remove all references to the safety of PLAINTIFFS’ products, including references to “dangerous safety pins,” “sharp sensors - can cut skin,” and “contain lead and mercury.”

h).         Change references to “over 100,000” to “over 20,000.” [We were pointing out that Chummie was absurdly claiming over 100,000 units sold about the time they started their business in the U.S.].

i).          Change the statement “only alarm carried by major retailers in USA, Europe, and Asia” to “carried by major retailers in USA, Europe, and Asia.”

j).          Change the statement “does not cause skin rash caused by all other alarms” to “does not cause skin rash.”

k).        Remove the statement “only bedwetting alarm that has passed the test required to be registered with the United States FDA.”

l).         Change the statement “96% success rate” to “in a study . . . 96% success rate.”

m).       Change the statement “smallest and lightest bedwetting alarm available” to “small and lightweight.”

n).        Change the statement “loudest alarm available” to “loud.”

o).        Remove the statements “faster urine detection equals rapid treatment,” or “faster detection equals quicker treatment.”

A question that deserves to be asked is how many of Chummie’s sales were a consequence of buyers reading these false and/or exaggerated claims about the Chummie products! 

3.            The Judge pointed out that Chummie/Theos/Bhatia made false claims about patents owned by or applicable to Chummie, and ordered:
"Remove from their website all references to patented claims for which no patent has been approved within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these references from Amazon and eBay websites within 45 days of entry of this Consent Decree."

Quite unconscionable! But then that is what we have been pointing out about Theos/Chummie for a long time.

4.            We have pointed out in some depth that Bhatia was making cash payments to persons solicited on Craigslist and other sites for posting fake product reviews on Amazon. These were used to grossly exaggerate the positives of Chummie products, and negatives for competitors' products. The Judge’s Order states that

"DEFENDANTS will refrain from making cash payments to individuals in exchange for reviews of their products."

You, the reader of this blog, can expect to be reading much more in this matter!

5.            The judge also ordered that Theos/Chummie/Bhatia should remove these illegitimate reviews from Amazon:
"DEFENDANTS will submit, through Amazon Vendor Central, a letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The letter will ask for the removal of all nonverified reviews of Chummie products on all Amazon websites posted between June 1, 2014 and March 31, 2015 on the grounds that the validity of the reviews has come into question. This letter will be sent within 10 days of entry of this Consent Decree. If the subject reviews are not removed within 45 days of the date the letter is sent, DEFENDANTS will send, through Amazon Vendor Central, a second letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The second letter will reference this Agreement and the Court’s Consent Decree, and will identify the specific nonverified reviews to be removed."

We can postulate that this is unlikely to happen till the end of the ordered period, and it would not surprise us if it did not happen even by that time. We have not seen Theos/Chummie/Bhatia do anything on a timely basis if it could be disadvantageous to them. This includes negating or erasing their fake claims. We’ll just have to wait and see.

We suspect, based on Bhatia's proclivity for trying to get away with whatever he can get away with, or delaying doing what is right if it may have any adverse effect on his business, that
1.       He has procrastinated in this matter of signing the order and consent decree as much as he believed that he could get away with, and   
2.       An important reason for the delays was to put in place other plans of his which could very possibly be adversely affected by the Judge’s Order! 

Continued in the next blog entry...

Grand Deceit by Theos Medical Systems and Chummie – A Judge's Order! (Part 1)

Part 1

For the past two years we have been pointing out the deceit (some may call it fraud) indulged in and perpetuated by Theos Medical Systems, Inc. with respect to their Chummie products and also disparaging the reputation and facts about Theos's competitors and their products. This has been confirmed by an order/decree from a U.S. Federal Judge for the Northern District of California which validates and confirms (through Theos's consent to the order/decree) much of what we have written about with respect to Theos/Chummie and imposes controls on them. This further confirms our claims of excessive hype and false claims by Theos about their Chummie products, and their abuse of Amazon Reviews to hype their products and degrade their competition, and the general lack of good ethics on the part of Theos Medical Systems. We continue to wonder why any moral, ethical and sensible buyer would want to conduct any business with Theos or purchase their Chummie products.

Now let us examine Theos/Chummie’s motives and methods further.

From the very beginning Theos/Chummie, through its owner Saket Bhatia (“Bhatia"), who is also a defendant and to whom the afore-mentioned order applies, were intent on disrupting the bed-wetting alarm industry for their personal gain. Why the bed-wetting alarm industry? We can only surmise that Bhatia was looking for an opportunity where the industry and competitors were small and dispersed, and it might be relatively easy to become a “big fish in a small pond.” Bhatia had identified a Chinese manufacturer Qingdao Bercon Medical Device Co. who made several inexpensive medical products some of which appealed to Bhatia. One was a bed-wetting alarm, the Model M300 , which Quingdao Bercon had been attempting to sell, together with some other medical devices (such as an inexpensive ultrasound device) for which Bhatia thought that there would be some demand. He established Theos Medical Systems in Mumbai, India, and opened a sales office in Santa Clara, California. The M300 alarm used standard technology and was a typical alarm with nothing innovative and obsolete technology. But it was cheap. Nothing unique about its old-fashioned technology and no development costs or related mental acumen!

Bhatia’s modus operandi was to run a “no frills” business, focused on building sales at a minimum cost. There is nothing wrong with this approach, and it is legitimately used by many small start-up businesses. So Bhatia had a web site developed, which would be his primary means of sales. On it he attempted to sell the M300 bed-wetting alarm (now called Chummie) and also mentioned some other devices including the ultrasound device. His initial efforts were not successful. So he obtained the services of a marketing “consultant” who put a “smile” on the face of the Chummie alarm box, made the packaging more attractive, and helped in promoting the item(s). Again, not an issue in and of itself, if everything Bhatia said and did, whether on the website or elsewhere, was ethical and “above board.” However Bhatia’s approach to developing his business was extremely unethical.

In this post (and the following one) we shall only examine the specific orders from the Federal Judge towards Theos Medical Systems and Bhatia (Defendants):

1.         Bhatia obtained the U.S. trademark for "Malem," a bedwetting alarm that has been on the market since the last century. Bhatia also attempted to prevent the trademark for "Bedwetting Store," a name that has been used by a competitor of Bhatia for many years. We can only attribute this behavior of Bhatia to mischief intended to harass a competitor. This mischievous attitude is further validated by the fact that Bhatia got an insurer to pay any legal fees if his trademark claim to Malem was legally challenged. The Judge ordered that the Defendants cannot oppose the "Bedwetting Store" application of the Plaintiff, and must also not use or attempt to trademark "Malem," "Bedwetting Store," and other names and trademarks, and remove such items and copyrighted materials and meta materials from their website, and not use such materials in the future. 

Continued in the next blog entry ...

Theos Medical Systems and Chummie's Deceit Continues !

A lawsuit was filed against Theos Medical Systems, Inc. and it's owner Saket Bhatia on November 12, 2013 in the United States District Court for the Northern District of California for Trademark Infringement of the Malem name. The final Order and Consent Decree was signed by the Honorable Edward M. Chen, United States District Court Judge, United States District Court, Northern District of California on July 14, 2015. This Order has been reproduced in its entirety, as reported in docs.justia.com in our prior two blogs: 

MalemMedical, Ltd. et al v. Theos Medical Systems, Inc. et al PART 1   and

Malem Medical, Ltd. et al v. Theos Medical Systems, Inc. et al PART 2

It is very obvious that the Order issued went well beyond the trademark infringement, and covered what we can only describe as a variety of deceptive practices used by Theos Medical Systems, Inc. and Saket Bhatia  in describing and marketing their Chummie products, primarily on the internet, and extensively on Amazon.com. Effectively, Theos/Chummie have been legally constrained and must make major alterations in their unethical product and market claims and style of conducting business. We congratulate the Plaintiffs in the case for obtaining the necessary legal constraints on Theos/Chummie's behavior and having them alter and/or remove the false or highly exaggerative "facts" with which they have deceived the Public and parties like Amazon for many years.

Reading the constraints placed on Theos/Chummie in the Order, there is little doubt in our mind that their business on Amazon.com will suffer significantly. We do want to point out that Chummie's Amazon business for bedwetting alarms has been dramatically decreasing since the Fall of 2014, when Theos/Chummie received what we consider to be a relatively mild smack on their wrist for using a large number of fake Amazon reviews to both promote their Chummie products and degrade competitive products on the Amazon reviews. We must assume that these further constraints on Theos/Chummie's behavior on Amazon and elsewhere will adversely affect their free-wheeling and deceptive style of doing business. One alteration that we expect will be a significant decrease in the price of their very over-priced Chummie bedwetting alarm products so as to try and entice customers to purchase what we would still consider to be ridiculously priced products for the poor technology and conveniences that are offered. We have already elaborated on this and strongly recommend that the reader looks at our comparative table of detailed facts in our prior blog entry: 

Abusing and Misinterpreting Amazon Reviews: The Case Against Chummie, Dry-Knight and Lil' Jumble.

What many customers also overlook about these Chummie bedwetting alarms is how Chummie continues to "rake in the shekels" with customers buying their absurdly priced and inconvenient sensors and tape for attaching the sensors. Clever marketing  --  Not-so-smart customers!

Since we became aware of this lawsuit being filed in November, 2013, we wondered why it had been taking so long to see any results to this case. It is now apparent, by looking at the court records, that Theos/Chummie (an allegory used in place of the Defendants' long proper name of Theos Medical Systems, Inc. and Saket Bhatia) often sought delays from the Court. The case was resolved in the early part of 2015 with an agreement between the Defendant and Plaintiff, but no signed agreement was forthcoming for many months until the Judge's Order was signed on July 14, 2015

Knowing what we now know, both with respect to Theos/Chummie's business practices which we have very often complained about in this blog, and the substantiation of many of our concerns and complaints by the Honorable Judge in his Order, we can hypothesize what lies behind Theos/Chummie's machinations in delaying this Court Order as long as possible:

1.            The longer Theos/Chummie could continue to operate in its prior free-wheeling manner, the longer it could continue to promote and sell its products to unwitting customers who may withhold their business as they became better aware of true matters. This would have a much more severe effect on Theos/Chummie if it had the standing of a Court Order!

2.            The longer Theos/Chummie could keep its abusive and false behavior out of the public eye, the better its chances of making a "deal" with some other large seller. This would be much like what Theos/Chummie did to become a direct vendor with Amazon, by falsifying facts and making themselves look exemplary. Again, something that should prove very difficult to do with a Court Order detailing much of Theos/Chummie's misbehavior and ordering them to cease and make corrections!

This has become fact with our observing that Costco now carries a Chummie bedwetting alarm on Costco.com . We very much doubt that Costco would have done this if they knew the true facts about Theos/Chummie, which the Court Order certainly points out quite adequately.

Now let's look at this Costco matter a little more:
We see that the Chummie alarm sells on Costco.com for about $20 less than on Amazon.com . Any comments, Amazon? Will the price on Amazon be reduced to match Costco? Costco will take the item back with "no questions asked" if ever the customer becomes unhappy with the product and wishes to return it to Costco, and refund the entire purchse price. Costco will even take the used product back after TEN MONTHS (an arbitrary but realistic number). Will Amazon be willing to take back the crummy Chummie after TEN MONTHS and provide a full refund? If not, why would an Amazon customer pay about $20 more, and be unable to return the product as easily and with a full refund as he/she would get at Costco? In other words, any rational customer should buy this Chummie alarm at Costco, if they still unwittingly believe that this is what they want to spend their money on! 

We think Amazon and Amazon's customers have been abused enough by Theos/Chummie. Now it is Costco's turn. Let us see how long and in what manner this may continue.

More later ...

Malem Medical, Ltd. et al v. Theos Medical Systems, Inc. et al PART 2

PART 2  Continued from Part 1


Forward:

For the past two years we have been pointing out the deceit indulged in by Theos Medical Systems, Inc. with respect to their Chummie products and also disparaging the reputation and facts about Theos's competitors and their products. Now we have a judgement/decree from a U.S. Federal Judge which validates and confirms much of what we have written about with respect to Theos/Chummie and imposes strict controls on them. This further confirms our claims of excessive hype and false claims by Theos about their Chummie products, and their abuse of Amazon Reviews to hype their products and degrade their competition, and the general lack of good ethics on the part of Theos Medical Systems. We continue to wonder why any moral and ethical buyer might want to conduct any business with Theos or purchase their Chummie products.

We shall reproduce this published Order and Consent Decree in parts as it is quite long. For the interested reader, the entire Order can be found at

docs.justia.com .

This Order and Consent Decree was filed on July 14, 2015.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC,
Plaintiffs,
v.
THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA,
Defendants.
AND RELATED COUNTERCLAIMS
CASE NO.: 3:13-cv-05236-EMC
CONSENT DECREE AND ORDER

Continued from PART 1.

7. DEFENDANTS will refrain from making cash payments to individuals in exchange for reviews of their products. This agreement does not apply to the exchange of goods for reviews.

8. DEFENDANTS will submit, through Amazon Vendor Central, a letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The letter will ask for the removal of all nonverified reviews of Chummie products on all Amazon websites posted between June 1, 2014 and March 31, 2015 on the grounds that the validity of the reviews has come into question. This letter will be sent within 10 days of entry of this Consent Decree. If the subject reviews are not removed within 45 days of the date the letter is sent, DEFENDANTS will send, through Amazon Vendor Central, a second letter from their attorneys to Amazon’s Buyers Review Team and Item Update Creation Team. The second letter will reference this Agreement and the Court’s Consent Decree, and will identify the specific nonverified reviews to be removed.

9. DEFENDANTS will not disparage PLAINTIFFS or any of their products, services, officers, directors, or employees. For purposes of this agreement, disparage means to take any action which could reasonably be expected to adversely affect the reputation of PLAINTIFFS or any of their
products, services, officers, directors, or employees. This paragraph does not apply to legitimate
business concerns raised by DEFENDANTS or to allegations that PLAINTIFFS have violated this
Agreement or this Consent Decree.

10. DEFENDANTS will not communicate with any person or entity through the use of a false or assumed identity such that the communication could reasonably be mistaken as coming from PLAINTIFFS or any of their officers, directors, or employees.


PLAINTIFFS’ OBLIGATIONS

11. PLAINTIFFS will remove or modify specified factual statements from their website and other published materials (see items a-c below).

a. PLAINTIFFS will change the statement “largest marketplace/ distributor of bedwetting products” to “one of the largest.”

b. PLAINTIFFS will remove the statement “90% success rate within a few weeks.”

c. PLAINTIFFS will change the statement “each alarm cures, on average, 3 children per year” to “each alarm treats, on average, 3 children per year.”

12. PLAINTIFFS will not use the terms: “Chummie,” “One Drop Detection,” “Flexitape,”
“Comfy-Armband,” “Theos Medical Systems,” “Better technology for faster treatment,” “Active guard monitoring,” or “Enhanced protection plus care,” or the Chummie logo, Theos Medical Systems logo, or Chummie smiley face, as well as other trademarks and registered trademarks of DEFENDANTS now and in the future, except in bona fide comparative advertising.

13. PLAINTIFFS will remove all meta information containing the terms referenced in the above paragraph, as well as other brands sold by DEFENDANTS and not sold by PLAINTIFFS. This shall be accomplished within 30 days of entry of this Consent Decree.

14. PLAINTIFFS will refrain from making cash payments to individuals in exchange for reviews of their products. This agreement does not apply to the exchange of goods for reviews.

15. PLAINTIFFS will not disparage DEFENDANTS or any of their products, services, officers, directors, or employees. For purposes of this agreement, disparage means to take any action
which could reasonably be expected to adversely affect the reputation of DEFENDANTS or any of
their products, services, officers, directors, or employees. This paragraph does not apply to legitimate
business concerns raised by PLAINTIFFS or to allegations that DEFENDANTS have violated this
Agreement or this Consent Decree.

16. PLAINTIFFS will not communicate with any person or entity through the use of a false or assumed identity such that the communication could reasonably be mistaken as coming from
DEFENDANTS or any of their officers, directors, or employees.


FURTHER ORDERS

17. This Consent Decree is binding on PLAINTIFFS, DEFENDANTS, their officers, agents, servants, employees, affiliates, attorneys, successors, and assigns, as well as those persons in
active concert or participation with them and who receive actual notice of this Consent Decree.

18. This Consent Decree shall inure to the benefit of, and shall be enforceable by, PLAINTIFFS, DEFENDANTS, their affiliates, successors, and assigns as their respective interests may appear.

16. PLAINTIFFS will not communicate with any person or entity through the use of a false
or assumed identity such that the communication could reasonably be mistaken as coming from
DEFENDANTS or any of their officers, directors, or employees.
FURTHER ORDERS

17. This Consent Decree is binding on PLAINTIFFS, DEFENDANTS, their officers,
agents, servants, employees, affiliates, attorneys, successors, and assigns, as well as those persons in active concert or participation with them and who receive actual notice of this Consent Decree.

18. This Consent Decree shall inure to the benefit of, and shall be enforceable by, PLAINTIFFS, DEFENDANTS, their affiliates, successors, and assigns as their respective interests may appear.

APPROVED BY:
CLAPP, MORONEY, VUCINICH, BEEMAN and SCHELEY
DATED: July 9, 2015 /s/ P. Christian Scheley
By: P. CHRISTIAN SCHELEY, ESQ.
Attorneys for Defendants and Counter-Claimants, THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA

CRAIGIE, McCARTHY & CLOW
DATED: July 9, 2015 /s/ Peter W. Craigie
By: PETER W. CRAIGIE, ESQ.
Attorneys for Plaintiffs and Counter-Defendants, MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC

ORDER
IT IS SO ORDERED: All hearing and trial dates are vacated. The Clerk of the Court is directed to close this case.

DATED: July 14, 2015

Honorable Edward M. Chen
United States District Court Judge
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

CONSENT DECREE AND ORDER
CASE NO. 3:13-cv-05236-EMC

Malem Medical, Ltd. et al v. Theos Medical Systems, Inc. et al PART 1

PART 1

Forward:

For the past two years we have been pointing out the deceit indulged in by Theos Medical Systems, Inc. with respect to their Chummie products and also disparaging the reputation and facts about Theos's competitors and their products. Now we have a judgement/decree from a U.S. Federal Judge which validates and confirms much of what we have written about with respect to Theos/Chummie and imposes strict controls on them. This further confirms our claims of excessive hype and false claims by Theos about their Chummie products, and their abuse of Amazon Reviews to hype their products and degrade their competition, and the general lack of good ethics on the part of Theos Medical Systems. We continue to wonder why any moral and ethical buyer might want to conduct any business with Theos or purchase their Chummie products.

We shall reproduce this published Order and Consent Decree in parts as it is quite long. For the interested reader, the entire Order can be found at

docs.justia.com .

This Order and Consent Decree was filed on July 14, 2015.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC,
Plaintiffs,
v.
THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA,
Defendants.
AND RELATED COUNTERCLAIMS
CASE NO.: 3:13-cv-05236-EMC
CONSENT DECREE AND ORDER

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Counter-Defendants MALEM MEDICAL, LTD. and ENURESIS ASSOCIATES, LLC (“PLAINTIFFS”) and
Defendants and Counter-Claimants THEOS MEDICAL SYSTEMS, INC. and SAKET BHATIA
(“DEFENDANTS”) (collectively, “the Parties”), that the Court shall enter an Order as follows:

DEFENDANTS’ OBLIGATIONS

1. DEFENDANTS will withdraw the opposition to PLAINTIFFS’ Bedwetting Store trademark application within 10 days of entry of this Consent Decree.

2. DEFENDANTS will not use the terms “Malem,” “Bedwetting Store,” “Easy-Clip”, “Secure Grip,” “Quick Detect,” as well as other trademarks and registered trademarks of PLAINTIFFS now and in the future, except in bona fide comparative advertising.

3. DEFENDANTS will remove allegedly copyrighted material from their website within 10 days of entry of this Consent Decree, and will not use any of PLAINTIFFS copyrighted material in the future.

4. DEFENDANTS will remove all meta information containing the terms “Malem” or “Bedwetting Store,” as well as other brands sold by Enuresis Associates, which products are not currently sold by DEFENDANTS. The above conditions shall be accomplished within 30 days of entry of this Consent Decree.

5. DEFENDANTS will remove or modify specified statements (see items a-o below) from their website within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these
statements from Amazon and eBay websites in all countries within 30 days of entry of this Consent
Decree. DEFENDANTS will not be required to guarantee or effect removal of statements made by
others, such as third party resellers. This agreement is expressly subject to change in the event that
further research, testing, or new information demonstrates that the below statements are verifiable and factually accurate.

a. DEFENDANTS will change the statement “#1 doctor recommended bedwetting alarm” to “doctor recommended bedwetting alarm.”

b. DEFENDANTS will change the statement “world’s #1 pediatrician recommended alarm” to “widely recommended by pediatricians.”

c. DEFENDANTS will remove the statement “urine detection is 50x faster than other bedwetting alarms.” This statement will be reinstated in the event that further research, testing, or new information demonstrates that the statement is verifiable and factually accurate.

d. DEFENDANTS will remove the statement “more pediatric urologists recommend Chummie over other alarms.”

e. DEFENDANTS will change the statement “Chummie is the only alarm that stops bedwetting” to “Chummie alarms stop bedwetting.”

f. DEFENDANTS will change the statement “Chummie’s urine detection area is 100x larger than other alarms” to “Chummie’s urine detection area is significantly larger than other clip sensors.”

g. DEFENDANTS will remove all references to the safety of PLAINTIFFS’ products, including references to “dangerous safety pins,” “sharp sensors - can cut skin,” and “contain lead and mercury.”

h. DEFENDANTS will change references to “over 100,000” to “over 20,000.” This statement will be further revised when new quantitative milestones are reached.

i. DEFENDANTS will change the statement “only alarm carried by major retailers in USA, Europe, and Asia” to “carried by major retailers in USA, Europe, and Asia.”

j. DEFENDANTS will change the statement “does not cause skin rash caused by all other alarms” to “does not cause skin rash.”

k. DEFENDANTS will remove the statement “only bedwetting alarm that has passed the test required to be registered with the United States FDA.”

l. DEFENDANTS will change the statement “96% success rate” to “in a study . . . 96% success rate.”

m. DEFENDANTS will change the statement “smallest and lightest bedwetting alarm available” to “small and lightweight.”

n. DEFENDANTS will change the statement “loudest alarm available” to “loud.”

o. DEFENDANTS will remove the statements “faster urine detection equals rapid treatment,” or “faster detection equals quicker treatment.”

6. DEFENDANTS will remove from their website all references to patented claims for which no patent has been approved within 10 days of entry of this Consent Decree. DEFENDANTS will also remove these references from Amazon and eBay websites within 45 days of entry of this Consent Decree.

Continued on PART 2.