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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!