Supplement Maker Has No Claim for Unlicensed Medical Practice

Feb. 26, 2019, 4:20 PM UTC

Natural nutritional supplement maker Shaklee Corp. isn’t the proper party to bring a claim of unlicensed practice of medicine against the owner of a trademark it allegedly infringed.

Shaklee lacked standing to bring the claim because there is no likelihood it will be injured by Eleanor Cullen’s alleged improper prescribing of its supplements to treat disease or improve health, the U.S. District Court for the Southern District of Florida said Feb. 25.

Cullen owns Superior Consulting Services Inc., a direct-to-consumer third-party blood testing and nutrition analysis company. Superior owns two federal trademarks in the “Healthprint” mark. Shaklee wanted to use ...

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