An intellectual property battle lasting three years and reaching the US Supreme Court has ended at last with payment to Sabinsa Corporation by Creative Compounds of all profits made through trademark infringement on Sabinsa’s ForsLean® together with costs awarded to Sabinsa by the court.
Sabinsa alleged that there was a likelihood of confusion between Sabinsa’s registered trademark ForsLean and Creative Compounds’ unregistered mark Forsthin, both of which refer to Coleus forskohlii extract. In July 2010 the US Court of Appeals overturned a trial court decision that had found no such confusion. Not only did the appellate court reverse the trial court, but also it ordered judgment to be entered in favor of Sabinsa without a new trial, which is unusual and speaks to the strength of Sabinsa’s ForsLean® trademark and the evidence of Creative Compound’s infringement of that trademark.
The US District Court of New Jersey then awarded Sabinsa damages, ordering Creative Compounds‘ profits from its infringement on the ForsLean® trademark to be paid to Sabinsa.
