FOR IMMEDIATE RELEASE
April 15, 2021
WASHINGTON, DC—Finnegan secured another win for client Combe Incorporated in an appeal before the U.S. Court of Appeals for the Fourth Circuit involving Combe’s VAGISIL brand of feminine-care products. The Fourth Circuit affirmed the district court’s ruling, issued after a full trial, that the mark VAGISAN conflicts with Combe’s famous VAGISIL mark. In so doing, the Fourth Circuit upheld the district court’s determinations as to the strength of the VAGISIL mark, the similarity of the parties’ marks, actual confusion, and buyer behavior.
Importantly, the Fourth Circuit concluded that the district court “appropriately considered the evidentiary value” of Combe’s fame survey, which showed 38% unaided and 90% aided recognition of the VAGISIL mark among the general public. Based on that, and other impressive evidence of commercial success and recognition, the district court deemed VAGISIL “one of the most commercially successful brands for intimate-health products on the market.”
“Combe is very pleased that the Fourth Circuit upheld the district court’s detailed and well-reasoned decision,” said Finnegan partner Doug Rettew. This marks another milestone for the client’s enforcement efforts and comes on the heels of a separate recent trial victory before the Trademark Trial and Appeal Board, where VAGISERT was refused as confusingly similar to Combe’s VAGISIL and VAGISTAT marks.
This case is Combe Incorporated v. Dr. August Wolff GMBH, Appeal No. 19-1674 (4th Cir. 2021).
Contacts
Anand K. Sharma, Managing Partner
anand.sharma@finnegan.com
Mark D. Sweet, Chair
mark.sweet@finnegan.com
About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.
