Plaintiff, Herb Pharm, based in Williams, Oregon (south of Grants Pass), has used the SUPER ECHINACEA trademark in connection with “herbal, dietary and nutritional supplements” since 1984. Defendant, a Pennsylvania corporation, has allegedly begun selling over-the-counter herbal Echinacea products under the same trademark. Defendant’s failure to comply with a cease and desist request led to this lawsuit.
FYI, echinacea is widely used to fight infections, especially the common cold and other upper respiratory infections. Echinacea is also used against the flu, urinary tract infections, vaginal yeast infections, genital herpes, bloodstream infections (septicemia), gum disease, tonsillitis, streptococcus infections, syphilis, typhoid, malaria, and diphtheria. Echinicea is a member of the daisy family and commonly called a coneflower.
Herb Pharm, LLC v. Martin P Gallagher et al
Court Case Number: 3:13-cv-02133
File Date: Tuesday, December 03, 2013
Plaintiff: Herb Pharm, LLC
Plaintiff Counsel: John D. Ostrander, Tyler J. Volm of Elliott Ostrander & Preston, PC
Defendant: Martin P Gallagher, Medical Wellness Associates, P.C.
Cause: Federal Trademark Infringement, Contributory Infringement
Court: District of Oregon
Judge: Janice M. Stewart
Oregon Intellectual Property Blog 