Bayer Healthcare Shakes Off Competitors in Flea-based Trademark Infringement Lawsuit
California – Bayer Healthcare LLC, Animal Health Division has reached a successful settlement in a trademark infringement case against India-based Cipala Ltd. and Vanuatu-based Archipelago Suppliers, an operator of several websites. Both companies have signed settlement deals with Bayer and have agreed to stop selling products that infringe on Bayer’s Advantage and Advantix trademarks and surrender any profits from such sales.
The products are popular among conumers to rid household pets from fleas by placing a small amount of fluid on the back of the pet’s neck.
After recently becoming aware of Cipala’s manufacture of one of its leading products, Advantage, and of sales by various websites to U.S. consumers, Bayer sought a preliminary injunction to immediately block any future infringing sales into the United States.
After mounting pressure from Bayer’s trademark infringement complaint, filed in New York federal court in September, Cipala agreed to stop making the DA Double Advantage and selling it to consumers via the Internet. Bayer was also awarded damages in the amount of $100,000 for legal fees and Cipala will have to forfeit more than $100,000 in sales of the infringing product. In addition, Cipala will have to recall all remaining infringing DA Double Advantage still on the market.
Archipelago Suppliers, the owner and operator of several websites that sell the infringing flea control products, agreed to a court ordered Consent Decree that will prohibit it from selling DA Double Advantage or any product with the same formulation. The judgment will also prevent Archipelago Suppliers from selling Advantix into the United States.
Bayer’s Animal Health Division is one of the world’s leading manufacturers and marketers of veterinary drugs, with a portfolio of approximately 100 different veterinary drugs and pet care products. The U.S. headquarters for Bayer Healthcare LLC, Animal Health Division is located in Shawnee, Kansas.
