Mintz Levin Represents Horphag Research Ltd. In Its 9th Circuit Victory
1/29/2007
New York, NY -- Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. a full-service, 480 lawyer AmLaw 100 firm with offices throughout the U.S. and in the U.K., announced that it led its client, Horphag Research Ltd., the exclusive worldwide supplier of Pycnogenol® brand French maritime pine bark extract, to a Summary Judgment win on its trademark dilution claim and the reinstatement of the award of attorneys' fees attributable to the dilution claim.
The United States Court of Appeals for the Ninth Circuit (Horphag Research Ltd. v. Garcia d/b/a Healthierlife.com, 9th Cir., No. 04-55373, 1/9/07) affirmed a ruling by the United States District Court for the Central District of California that a Web site operator blurred the plaintiff's trademark by misquoting third-party studies suggesting that remarks were directed at Horphag's product rather than the plaintiff's identically named product.
The court also found that the marks were not only identical, but there was evidence that some consumers believed they were purchasing the plaintiff's product when they bought the identically named good from the defendant's Web site.
Marvin Gittes and Timur Slonim, intellectual property attorneys in the Firm's New York office, represented Horphag Research Ltd.
Mintz Levin is an AmLaw 100 law firm with offices in the US and the UK. The firm has exceptional depth in a broad range of practice areas, but our clients recognize that what sets us apart from other law firms is our industry focus. By truly understanding business drivers and industry trends, we are able to provide our clients with more than just legal advice. We provide legal solutions to our clients' business issues. Since 1933, our lawyers have represented entrepreneurs, emerging growth companies, government agencies, and leaders in primary industries that include Life Sciences/Biotechnology; Technology & Communications; Financial Services & Insurance; Healthcare; Real Estate, Hospitality & Construction; and Retail & Consumer Products. Our practical knowledge combined with our industry expertise enables us to provide our clients with enterprise legal advice that gives their business a competitive advantage in the marketplace.
