Doc Can't Block Bausch & Lomb's Slogan Use, Judge Says

By Dan Prochilo (September 4, 2013, 7:39 PM EDT) -- A Florida federal judge refused to grant a preliminary injunction Wednesday against Bausch & Lomb Inc. over its use of a Florida ophthalmologist's trademarked slogan, "See Better. Live Better," adopting the recommendation of a magistrate judge who felt such an order was unwarranted because the claims were likely to fail.

The court overruled Dr. Stuart Kaufman's objections to the recommendation of U.S. Magistrate Judge Elizabeth Jenkins, who found that Kaufman's trademark was weak and B&L's use of the phrase was unlikely to cause confusion among consumers.

U.S. District Judge Virginia Hernandez Covington agreed with the magistrate judge that the doctor "failed...

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