A federal judge partially dismissed Eli Lilly’s Lanham Act false advertising claims against telehealth company Mochi Health over its marketing of compounded tirzepatide, the active ingredient in Mounjaro and Zepbound, while allowing some claims to proceed.
The Supreme Court declined to review a Federal Circuit decision holding that a consumer and law professor lacked statutory standing to challenge the registration of RAPUNZEL as a trademark for dolls, leaving in place a strict rule requiring trademark challengers to show a direct commercial injury.
The Eleventh Circuit reversed dismissal and held that cease-and-desist letters sent on false claims of trademark ownership can establish personal jurisdiction under both the effects test and minimum contacts analysis.
A federal court in D.C. held that when a plaintiff sues for trademark infringement, the defendant may counterclaim for a declaratory judgment that the plaintiff lacks exclusive rights in a component term of the asserted marks — and that diverted donations suffice for standing.
The Federal Circuit affirmed the TTAB dismissal of cigar maker Fuente Marketing Ltd.s opposition to a vape-pen design mark, holding that despite overlapping goods and channels, the distinct commercial impression of Vaporous Technologies stick-figure design mark defeated likelihood of confusion with Fuentes standard-character X marks.