ARTICLE · 06 OCTOBER 2005

Injunction Claim Falls Flat in Eleventh Circuit

Kenyon & Kenyon

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In Hi-Tech Pharmaceuticals Inc v Herbal Health Products Inc the US Court of Appeals for the Eleventh Circuit dismissed the plaintiff's application for a preliminary injunction and ruled that there was no evidence of actual confusion regarding the packaging and get-up of the two parties' competing sexual stimulant pills.

United StatesIntellectual Property

By Howard J. Shire

In Hi-Tech Pharmaceuticals Inc v Herbal Health Products Inc the US Court of Appeals for the Eleventh Circuit dismissed the plaintiff's application for a preliminary injunction and ruled that there was no evidence of actual confusion regarding the packaging and get-up of the two parties' competing sexual stimulant pills.

Hi-Tech Pharmaceuticals Inc markets a product called Stamina-RX, which is a sexual stimulant embodied in hexagonal blue pills. The pills are sold in a clear bottle with a white lid, with a label displaying a robot-like figure holding a sphere above its head. Stamina Pro, marketed by Herbal Health Products Inc, looks almost identical to the casual observer:

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