3rd Circ. Kills Lotion TM Case Against Cetaphil Maker

By Dave Simpson (February 26, 2019, 9:48 PM EST) -- The Third Circuit handed skincare company Galderma Laboratories LP a victory Tuesday in ruling that it didn't infringe the name of a lotion invented by a former business partner with some of its Cetaphil products, finding Galderma had assumed rightful ownership of the "Restoraderm" brand under a 2002 agreement.

In a published, unanimous decision, the Third Circuit panel declined to overturn a jury's ruling against Thomas Sköld's trademark infringement, false advertising, unfair competition and breach of contract claims, but did overturn his unjust enrichment win, saying the ownership issue should not have gone to a jury.

"At the end of the...

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