Plaintiff invented a probiotic formulation that was first manufactured by Danisco USA Inc. and sold by VSL Pharmaceuticals Inc. under the name "VSL#3" and, after he "parted ways" with VSL, began a new partnership with ExeGi Pharma LLC to market the same Danisco-manufactured formulation as "Visbiome." Protracted litigation ensued. VSL sought an injunction to end advertising statements that VSL#3 was no longer on the market and that Visbiome was the rebranded version of that product. The court issued the injunction, noting that VSL had "stockpile[d]" the formulation and could continue to sell it; statements that the formulation was "exclusively available" were likely to be literally false, and VSL would be irreparably injured by the misrepresentations. View the decision.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.