11th Circ. Nixes Alaven's Appeal In 'Dr' Trademark Suit

Law360, New York (October 13, 2010, 1:53 PM EDT) -- An appeals court has upheld a toss of trademark infringement and unfair competition accusations that a maker of herbal supplements and intestinal cleanser products lodged against a competitor over a “Dr”-fronted mark.

The U.S. Court of Appeals for the 11th Circuit on Tuesday rejected the contention of Alaven Consumer Healthcare Inc. that a district court summary judgment in favor of DrFloras LLC erred in assessing the strength of the mark at issue in the case and the likelihood of confusion, among other issues.

“After a review...
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