A unanimous panel of the US Court of Appeals for the Seventh
Circuit awarded sanctions under Federal Rule of Appeals 38 against
Amazon seller Ellishbooks for its frivolous appeal from a default
judgment. Quincy Bioscience, LLC v. Ellishbooks, et al.,
Case No. 19-1799 (7th Cir. June 5, 2020) (Wood, J.).
Quincy Bioscience develops, markets and sells the dietary
supplement Prevagen® for the support of cognitive function.
Ellishbooks sold various products on Amazon, including dietary
supplements identified as Prevagen®. However, Ellishbooks was
not authorized to sell Prevagen® products. Quincy brought an
action against Ellishbooks alleging violations of the Lanham Act
and violations of Illinois statutory and common law, and seeking
preliminary and permanent injunctive relief to prevent Ellishbooks
from using the Prevagen® mark and falsely representing that it
was associated with Quincy. Ellishbooks did not respond to the
complaint, and the court entered default judgment
