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Vagisil Maker Gets Rival s Vagisert TM Blocked At TTAB
Law360 (April 1, 2021, 10:21 PM EDT) The U.S. Trademark Trial and Appeal Board has handed Combe a win in its case seeking to block Marke Enterprises from registering Vagisert trademarks for its rival vaginal antifungal products, finding that it s too similar to Combe s Vagisil trademark and would likely confuse consumers.
A three-judge panel on Wednesday held that Marke Enterprises LLC s feminine care products are legally identical to Combe Inc. s Vagisil line of products and that they have the same trade channels and customers. Therefore, it s reasonable to believe that Combe would be damaged by the marks registration, the panel said.