Musely Says Rival Doesn’t Own IP for Medical Skincare Face Cream

A company that provides medically prescribed skincare treatments and products is seeking declaratory judgment of non-infringement in response to a competitor’s efforts to terminate its trademark application.

Trusper Inc.—doing business as Musely—says Shantel Medical Supply Corp. is seeking to interrupt its trademark application filing by asserting that Shantel is the senior user for a mark associated with similar products.

But Musely argues that Shantel’s mark is invalid for failing to maintain acceptable proof of continuous use in commerce, according to the complaint filed Tuesday in the US District Court for the Northern District of California.

Shantel’s April 2013 federal ...