November 10, 2011

Eli Lilly & Company Sues Yanchep Veterinary Clinic, Proprietary Limited Company, for Trademark Infringement

Indianapolis IN - Trademark lawyers for Eli Lilly and Company of Indianapolis, Indiana filed a trademark infringement suit in the Southern District of Indiana alleging Yanchep Veterinary Clinic, Proprietary Limited Company, Petsvetshop, Proprietary Limited Company,, Paul Sorensen and Dr. Cymantha Sorensen, all of Yanchep, Australia infringed trademark registration no. 3,370,168 for the mark COMFORTIS, which has been registered in the US Trademark Office.

The COMFORTIS mark is used by Lilly's Elanco Animal Health Division in connection with the manufacturing and sales of flea-control productsThumbnail image for Thumbnail image for lilly.bmp for dogs available only through a veterinarian's prescription. Lilly maintains a website that instructs on the safe use of the product, but does not sell the product online. Lilly sells the product worldwide, including in Australia. The complaint alleges that the defendants are directly selling Comfortis in the United States through their websites. The complaint alleges that the defendants are selling the Australian version of Comfortis, which does not comply with various FDA requirements including that it only be sold by a licensed veterinarian. The complaint states that Lilly sent the defendants a letter in March 2010 demanding that they cease their sales of Comfortis. The defendants stopped selling Comfortis to United States customers for a brief period, but then resumed. The complaint makes claims of trademark infringement, unfair competition, cybersquatting, and Indiana state law unfair competition. Lilly is seeking an injunction, damages, the transfer of domain names, and for the defendants to send a letter to all U.S. customers who bought Comfortis from the defendants instructing that the product should not be used.

Practice Tip: All of the defendants here are Australian citizens or companies. Expect them, if they file an appearance at all in the case, to raise issues of jurisdiction.

This case has been assigned to District Judge Jane E. Magnus-Stinson and Magistrate Judge Tim A. Baker in the Southern District of Indiana, and assigned Case No. 1:11-cv-01469-JMS-TAB.Complaint

Plaintiff: ELI LILLY AND COMPANY

Defendants: DR. CYMANTHA SORENSEN, PAUL SORENSEN, PETSVETSHOP PTY LTD and YANCHEP VETERINARY CLINIC PTY LTD

Presiding Judge: Jane Magnus-Stinson

Referring Judge: Tim A. Baker

Cause Of Action: Patent Infringement

Court: Seventh Circuit > Indiana > Southern District Court

Type: Intellectual Property > Patent