07.30.12
A three-year-long intellectual property battle has ended 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 use Coleus forskohlii extract. In July 2010 the U.S. 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. The U.S. District Court of New Jersey awarded Sabinsa damages, ordering Creative Compounds‘ profits from its infringement on the ForsLean trademark to be paid to Sabinsa.
