Sabinsa Corporation has achieved a significant victory in protecting its Intellectual property investment in ForsLean® with the US Court of Appeals decision on July 9, 2010 in their favor against Creative Compounds for trademark infringement.
This decision overturns an earlier District Court (New Jersey) ruling in favor of Creative Compounds that there was no likelihood of confusion between Sabinsa’s mark ForsLean and Creative Compounds’ Forsthin, both of which refer to Coleus forskohlii extract.
Not only did the court reverse the judgment in favor of Creative Compounds, stating that the District Court erred in its findings, but also it ordered judgment to be entered in favor of Sabinsa without a new trial. “It is very unusual for an appellate court to reverse and order judgment for the other party without a new trial occurring,” said James H. Hulme, Esquire of Arent Fox LLP in Washington, DC, who represented Sabinsa in this matter. “It demonstrates that the evidence overwhelmingly supported Sabinsa's case.”
The US Court of Appeals stated in its decision that “it was undisputed that the ForsLean mark is commercially strong. Accordingly, this factor favors Sabinsa as a matter of law.” The entire opinion can be read here: http://www.leagle.com/unsecure/page.htm?shortname=infco20100709059
“This is actually a victory for all companies which invest significant resources in science and innovation,” said Sabinsa founder Dr. Muhammed Majeed. “ Infringing on the intellectual property other companies have worked so hard to develop is illegal and immoral. The nutraceuticals industry runs on innovation and science, and without it growth would falter. If a company can’t benefit from their investment, there is no incentive to do so.”
“The responsible core of the industry is vulnerable to companies who flout the laws, whether those be regarding IP or DSHEA,” Shaheen Majeed, Sabinsa Marketing Director. “Companies who demonstrate a lack of respect for the law undermine the viability of the industry.”
About Sabinsa Corporation:
Sabinsa's mission is to provide alternative and complementary natural products for human nutrition and well-being. Over the past 20 years, Sabinsa has brought to market more than 100 standardized botanical extracts and privately funded several clinical studies in conjunction with prestigious institutions in support of these products. With more than 100 full time scientists conducting ongoing research in India and the United States, Sabinsa continues to develop and patent phytonutrients for the world market. All products intended for human consumption are certified Kosher, with many certified Halal.