In a recent high-profile nutraceutical case, a Miami federal district court judge has made a precedent-setting final judgement worth $3.1 million. The case revolved around the bankruptcy of a nutraceutical packaging company, and the deceptive trademark actions by an ex-distributor and a business founder that followed.
Nutradose Labs LLC, the plaintiff in this case, was represented by J. Luis Quintana and Kirk Villalon of Quintana Portal Villalon, along with William Trueba Jr., a partner at Avila Law. This already notable case hinged upon the defendants, Bio Dose Pharma LLC and Raimundo Santamarta, who resold the plaintiff’s product. Upon the bankruptcy sale of Nutradose Labs, the defendants then sought to compete by marketing a strikingly similar product.
The case drew a line on trademark rights, with Kirk Villalon later clarifying, “If it’s not in the license agreement, you do not have rights of exhaustion after the license agreement is terminated.”
Details of the judgement entered by U.S. District Judge Beth Bloom, who presides over the Southern District of Florida, and its long-term implications for future nutraceutical trademark actions, can be found here.