Case Brief - Marko Urlic Principles of Law Prof. Coulter...

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Marko Urlic Principles of Law Prof. Coulter Case Brief Horphag Research Ltd, Plaintiff - appellee v. Larry Garcia, Dba Healthierlife.com, Defendant – appellant -> United States Court of Appeals, Ninth Circuit. - ¨475 F.3d 1029; 2007 U.S. App. LEXIS 384; 81 U.S.P.Q.2D (BNA) 1420; Unemployment Ins. Rep. (CCH) P14,172C In 1969, Dr. Jack Masquelier, a French professor of pharmacology, discovered a chemical antioxidant substance made from the bark of a French maritime pine tree. The substance supposedly assists in nutritional distribution and proper circulation. Around 1978, Masquelier brought the product to market under the name "Pycnogenol." Masquelier 1 received the trademark in France for the mark Pycnogenol in 1989. Around 1987, Horphag began selling the pine bark extract outside of France under contractual relationship with Masquelier. Thereafter, things between Horphag and Masquelier went sour, and the two parties dissolved their relationship. In 1993, Horphag was granted the United States trademark for the mark Pycnogenol. Since then, Horphag has made extensive efforts to control the quality of Pycnogenol and has invested heavily in research and marketing its product. Pycnogenol is now one of the fifteen most sold
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herbal supplements in the United States. Horphag has not authorized any other entity to use its mark. Garcia was once a licensed dealer for Horphag and sold Horphag's products through his Internet site "healthierlife.com." In February 1999, Garcia stopped distributing products manufactured by Horphag and began selling products manufactured by Masquelier. One of the products Garcia sells is "Masquelier's Original OPCs," a supplement derived from grape pits that competes with Horphag's pine-bark-based supplement. Garcia claims that he stopped distributing for Horphag after he discovered that Masquelier's product, rather than Horphag's product, was the "true Pycnogenol."
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Case Brief - Marko Urlic Principles of Law Prof. Coulter...

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