to any attorneys.... I.J., you still around?
prweb.com
Federal Judge Rejects Sepracor, Inc.'s Motion to Dismiss Case and Allows Tharos Laboratories, Inc. (makers of NYTEX®) to Proceed with Lawsuit Against Sepracor, Inc. (makers of Lunesta®) on Infringement of Tharos Butterfly
Tharos Laboratories, Inc. ("Tharos") won a key battle in an ongoing lawsuit against Sepracor, Inc. The complaint alleges that Sepracor's advertisements and website related to its Lunesta sleep product have copied several aspects of Tharos' promotional materials and intellectual property used in connection with Tharos' NYTEX® sleep aid supplement, including confusingly similar butterfly designs which cause confusion to consumers and irreparable damage to Tharos.
Salt Lake City, UT (PRWEB) March 25, 2007 -- Tharos Laboratories, Inc. ("Tharos") won a key battle in an ongoing lawsuit against Sepracor, Inc. ("Sepracor"). Federal Court Judge Dee Benson has sided with Tharos on proceeding with its filed lawsuit (Case No. 2:06CV00757) in federal court in Salt Lake City, Utah against Sepracor of Marlborough, MA, directed to protect Tharos' intellectual property.
Alleged in the Complaint are claims of trademark infringement, false designation of origin and dilution arising under the Lanham (Trademark) Act of 1946, violations of the Deceptive and Unfair Trade Practices Act, and common law unfair competition and trademark infringement. The complaint alleges that Sepracor's advertisements and website related to its Lunesta sleep product have copied several aspects of Tharos' promotional materials and intellectual property used in connection with Tharos' NYTEX® sleep aid supplement, including confusingly similar butterfly designs which cause confusion to consumers and irreparable damage to Tharos. |
