Marilyn Nutraceuticals, Inc. v. Mucos Pharma GBMH & Co., No. 08-15101

In a trademark infringement action involving the enzyme-based dietary supplement Wobenzym, the District Court's preliminary injunction requiring Defendant to cease selling a dietary supplement is affirmed in part, where Defendant did not meet its burden to prove that Plaintiff ceased production of the supplement; but vacated in part, where a District Court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a trademark infringement case.

Read Marilyn Nutraceuticals, Inc. v. Mucos Pharma GBMH & Co., No. 08-15101

Appellate Information

Argued and Submitted October 20, 2008

Filed July 2, 2009

Judges

Opinion by Judge Thomas

Counsel

For Appellant:

Maria Salapska, Law Offices of Maria Salapska, PLLC, Phoenix, AZ

Paul M. Levine, McCarthy Holthus Levine, Phoenix, AZ

For Appellee:

Paul F. Donahue, K&L Gates LLP, Chicago, IL

Jason M. Marks, Bell, Boyd & Lloyd LLP, Chicago, IL

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