The K-Laser lawsuit was a trademark and distribution fight between Italian manufacturer Eltech K-Laser S.r.l. and its former U.S. distributor, then known as K-Laser USA LLC, along with founder Dr. Richard Albright. Eltech accused the distributor of selling a Chinese-made device under the K-Laser name after the two companies parted ways. An arbitration tribunal in Atlanta ruled for Eltech on every contested mark, and in June 2019 a U.S. court confirmed the award and enjoined the distributor and Dr. Albright from using the K-Laser brand.1K-Laser Asia. Legal Battle The distributor rebranded as Summus Medical Laser two months later.2BioSpace. Global Medical Laser Company Transitions as PBM Laser Therapy Market Grows
How the Dispute Started
Eltech, based in Treviso, Italy, manufactures Class IV therapeutic lasers and had an exclusive distribution agreement for the U.S. and Canada with a Tennessee company founded by Dr. Albright. That company rebranded from Laser Therapy LLC to K-Laser USA LLC to align with the Italian brand.3K-Laser. Legal Battle
Eltech terminated the agreement in February 2018. According to Eltech, K-Laser USA had begun affixing the “K-Laser” trademark to a device called the “Platinum” that was made in China rather than in Italy, and marketed it to customers as a new, higher-quality K-Laser model.1K-Laser Asia. Legal Battle3K-Laser. Legal Battle After termination, the distributor and Dr. Albright continued using the K-Laser marks, and Eltech took the dispute to arbitration.
The Arbitration and 2019 Injunction
The arbitration took place in Atlanta, Georgia. The tribunal ruled in Eltech’s favor on every contested mark. In June 2019, a U.S. court confirmed the award and issued an injunction ordering Summus and Dr. Albright to stop using the K-Laser brand.1K-Laser Asia. Legal Battle Francesco Zanata, Eltech’s founder, publicly called the result “the triumph of the right.”4K-Laser. Important News on the K-Laser Brand Property
The Rebrand to Summus
In August 2019, K-Laser USA renamed itself Summus Medical Laser. Dr. Albright described the change as strategic, noting that “Summus” is Latin for “the highest of all.”2BioSpace. Global Medical Laser Company Transitions as PBM Laser Therapy Market Grows A later plaintiff would characterize the timing differently, alleging in court filings that Dr. Albright changed the company name to evade the injunction.5vLex. Temming v. Summus Holdings, LLC
The Follow-On Fraud Case in California
In Temming v. Summus Holdings, LLC, filed in the U.S. District Court for the Northern District of California, plaintiff Steve Temming alleged he was fraudulently induced at a December 2018 San Francisco veterinary trade show to lease a Class IV laser marketed as an authorized Eltech K-Laser product. He said it was actually a counterfeit unit sold after Eltech had already terminated the distribution agreement, with sales representatives displaying devices bearing the K-Laser mark and claiming authorized-distributor status.6Justia. Temming v. Summus Holdings, LLC, No. 3:2021cv04858
Temming brought claims under the federal RICO statute, California false advertising law, and common-law fraud against Summus Medical Laser, Summus Holdings, and Dr. Albright personally. In an October 2021 order, the court dismissed all claims against Summus Holdings and Dr. Albright for lack of personal jurisdiction, because both were based in Tennessee and had not attended the California show. The RICO and state false-advertising claims were dismissed with leave to amend, and the common-law fraud claim against Summus Medical Laser was allowed to proceed.6Justia. Temming v. Summus Holdings, LLC, No. 3:2021cv04858
Where Things Stand
The 2019 injunction remains in effect. Eltech’s public statements continue to assert that it is the sole owner of the K-Laser brand and that all authentic K-Laser devices are manufactured in Italy.3K-Laser. Legal Battle In November 2022, Eltech K-Laser entered a merger with INDIBA S.A., a Barcelona-based medical device company, which now serves as the exclusive U.S. distributor for K-Laser products.7INDIBA. INDIBA and K-Laser Merger
Summus Medical Laser continues to operate from Franklin, Tennessee, under Dr. Albright, selling its own line of Class IV therapy lasers to medical, veterinary, and dental professionals in more than 51 countries. Its website notes that the FDA has not cleared its devices for clinical indications beyond topical heating and temporary pain relief.8Summus Laser. About Us The K-Laser name no longer appears in its branding.