9th Circ. Vacates Marlyn Supplement Recall Order

Law360, New York (July 2, 2009, 12:00 AM EDT) -- A federal appeals court has upheld a decision that granted a preliminary injunction against Marlyn Nutraceuticals Inc. in a trademark infringement case over the dietary supplement Wobenzym, but it threw out a recall order.

The U.S. Court of Appeals for the Ninth Circuit ruled Thursday that the district court made the right move in granting a motion by Wobenzym manufacturer Mucos Pharma GmbH & Co. for a preliminary injunction against Marlyn.

However, the Ninth Circuit vacated the recall order, finding that for a district court to...
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