Intellectual Property team nabs a victory in Nopalina trademark suit.

On July 9, 2007 our Intellectual Property team successfully argued in favor of the dismissal of a petition for injunctive relief filed by Michael Poma Ramírez before the Superior Court of the Commonwealth of Puerto Rico against Salud Natural Entrepeneurs, Inc. makers and distributors of the product Nopalina in the United States and Puerto Rico. Based on the first to file rule, the Superior Court summarily dismissed the petition, which had been filed in the state court two days after Héctor P. Oliva and Salud Natural Entrepeneurs, Inc. had filed a federal complaint against Poma for breach of trademark rights, among other claims. A few days thereafter, and after two full days of hearings, a Magistrate Judge for the United States District Court for the District of Puerto Rico agreed with Salud Natural's arguments and issued a Report and Recommendation enjoining Poma from selling his product in Puerto Rico and from otherwise infringing Salud Natural's Nopalina trademark.