GSK Wins Injunction Against Competitor Use of Biotene Trademark

GlaxoSmithKline LLC won a court injunction barring a competitor from using its Biotene mark in advertising materials.

Biotene is an over-the-counter medicine used to treat dry mouth. Glaxo purchased the rights to Biotene from Laclede Inc.

Glaxo changed the Biotene formula, and after the expiration of a noncompete agreement Laclede began producing a new dry mouth medication, Salivea, using the original Biotene formula. Laclede called itself the creator of the original Biotene in its ads for Salivea in addition to using the Biotene mark in other ways in its advertising.

The ads included nearly 100,000 mailers sent to health-care professionals. ...