Alston & Bird’s Intellectual Property Litigation Group scored a victory for its client DrFloras LLC when the U.S. Court of Appeals for the 11th Circuit affirmed a district court’s grant of summary judgment against Alaven Consumer Healthcare Inc. regarding its claims of trademark infringement and unfair competition.
Both companies make and sell nonprescription herbal supplements directly to consumers over the Internet. Alaven markets its products under the primary trademark Colonix and the house trademark DrNature; DrFloras markets its products under the trademark DRFLORAS.
The courts agreed that the evidence did not support the plaintiff's claim that the two marks would cause consumer confusion. Alston & Bird partner David Stewart and associate Jessica Lewis represented DrFloras.