Lombard & Geliebter LLP partners, Mathew Lombard and Darren Geliebter, secured a trademark victory for Aventis Pharmaceuticals Inc.
After an opposition proceeding at the U.S. Patent & Trademark Office’s Trademark Trial & Appeal Board (“TTAB”), Aventis Pharmaceuticals filed an appeal with the District Court for the Southern District of New York seeking review of the TTAB’s decision.
When negotiations with the applicant/infringer failed to achieve a settlement, Aventis pursued the action in court. On September 28, 2012, Judge Engelmayer issued a default judgment in favor of Aventis. The order finds that Heal the World, Inc.’s applied-for trademarks LAZACOR and LAZACOR+ infringe and dilute Aventis’ NASACORT mark.
Accordingly, the court ordered the U.S. Patent & Trademark Office to refuse registration of LAZACOR and LAZACOR+, enjoined Heal the World from ongoing use of the marks and ordered Heal the World to destroy existing products, labels and advertising and to take down any and all web sites using the LAZACOR marks.
The deadline to appeal has expired, and the court’s order stands.
We congratulate Aventis Pharmaceuticals and its parent company, Sanofi, for a successful action.