Sanofi-Aventis et al., v. Advancis Pharmaceutical Corp., No. 03-1083-SLR, Sept. 26, 2006.
Robinson, J. After a bench trial in May, 2005, the court issued findings of fact and conclusions of law and ruled in favor of Aventis in this trademark infringement action. The court will order a permanent injunction and cancellation of defendant’s trademark.
Plaintiff sought trademark protection under state and federal trademark acts. The court went through a ten-factor test set forth in Interpace Corp. v. Lapp, Inc., 721 F.2d 460 (1983). The court found similarities in appearance and meanings of the two marks. It concluded that Aventis was a strong mark. No evidence of actual confusion was presented. The court found that Advancis failed to exercise reasonable care in selecting its mark, and that the parties target the same consumers. Plaintiffs failed to demonstrate actual dilution, although a likelihood of mental association causes dilution under the Delaware Trademark Act.
A copy of the full opinion is available here.
