September 12, 2019
Benjamin A. Andersen
On September 12, 2019, following a three-day bench trial before the United States District Court for the Eastern District of Pennsylvania, Wisler Pearlstine attorney Benjamin A. Andersen secured a permanent nationwide injunction, plus an award of counsel fees, on behalf of the firm’s client in a trademark infringement case. The client is the holder of a trademark in certain soap and body care products; the opposing party also sold soap and body care products using a confusingly similar trademark. The Court held that the firm’s client, and not the opposing party, owns nationwide trademark rights to its brand. The Court restrained the opposing party from using the client’s trademark on any soap or body care products anywhere in United States commerce, and further found the case to be “exceptional,” entitling the client to an award of its attorneys’ fees under the Lanham Act. The case is Maduka v. Tropical Naturals, Ltd., No. 17-1835.
