Legal Opinion

Sabinsa Corp. v. Creative Compounds, LLC

Court of Appeals for the Third Circuit

Decided July 9, 2010No. 08-3255PublishedCited by 37 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

Sabinsa Corporation appeals the District Court’s judgment in favor of Creative Compounds, LLC, on Sabinsa’s trademark infringement and unfair competition claims. The District Court found that there was no likelihood of confusion between Sabinsa’s mark, ForsLean, and Creative Compounds’s mark, Forsthin, both of which refer to Coleus forskohlii extract, an ingredient used in weight management products. Because the District Court erred in its findings on the Lapp factors and its ultimate finding on likelihood of confusion, we will reverse the judgment. Further, because…

2Cases cited12 opinions

  1. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  2. Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
  3. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  4. Interpace Corporation v. Lapp, Inc.Court of Appeals for the Third Circuit · 1983
  5. Fisons Horticulture, Inc., in No. 93-7224 v. Vigoro Industries, Inc., in No. 93-7287Court of Appeals for the Third Circuit · 1994

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3Cited by37 opinions

  1. UGI Sunbury LLC v. Permanent Easement for 1.7575Court of Appeals for the Third Circuit · 2020
  2. Water Pik, Inc. v. Med-Systems, Inc.Court of Appeals for the Tenth Circuit · 2013
  3. Spartan Concrete Prods., LLC v. Argos USVI, Corp.Court of Appeals for the Third Circuit · 2019
  4. E.A. Sween Co. v. Deli Express of Tenafly, LLC.District Court, D. New Jersey · 2014
  5. Panda Herbal International, Inc. v. Luby (In Re Luby)United States Bankruptcy Court, E.D. Pennsylvania · 2010

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