Personal-Care Company Combe Victorious in Trademark Appeal

The U.S. Court of Appeals for the Fourth Circuit ruled in favor of Finnegan client Combe in another trademark dispute over the VAGISIL trademark. The court ruled that Dr. August Wolff’s VAGISAN mark for feminine healthcare products would cause consumer confusion with Combe’s VAGISIL mark, which has proven its strength as a leader in the feminine-care product space for several decades. Wolff argued that the district court erred in finding that ‘Vagisil’ and ‘Vagisan’ are “sufficiently similar,” but the appeals court disagreed.

Doug Rettew, Anna Naydonov, and Sydney English represented Combe in the district court case and the appeal. They said, “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.”

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