Defending Against Pharma Trademark Suits

In 2024, Barton LLP achieved favorable outcomes in two lawsuits brought by Novo Nordisk, the behemoth pharmaceutical company and maker of the blockbuster weight-loss drugs Ozempic and Wegovy. Our team was also able to keep another client from being sued by Eli Lilly, the maker of the competitor drugs Zepbound and Mounjaro. We are now representing another defendant in yet another Novo Nordisk lawsuit.

These suits range from claims of false advertising to claims of counterfeit drugs. Novo Nordisk has launched a number of lawsuit campaigns against weight loss clinics and compounding pharmacies over the manufacture and prescription of compounded semaglutide. Semaglutide is the active ingredient in Ozempic and Wegovy and has been widely available from compounding pharmacies since the name brand drugs went on the drug shortage list in 2022. The shortage has not been resolved.

The lawsuits that target pharmacies that manufacture compounded semaglutide products allege that those facilities are making unapproved, and therefore unsafe, products. These cases against reputable compounders have been unsuccessful. At the same time, Novo Nordisk is also filing suit against medical spas, weight loss clinics, and health centers, claiming both that prescribing compounded semaglutide is an unsafe practice and that comparing compounded semaglutide products to Ozempic and Wegovy constitutes false advertising and trademark infringement.

Defending lawsuits involving pharmaceutical trademarks involves specialized knowledge of the FDA laws and regulations as well as trademark law. The attorneys at Barton have this knowledge and are familiar with Novo Nordisk and their litigation strategy. If you are a business facing a lawsuit by Novo Nordisk or another pharmaceutical company attempting to police your offering of compounded weight-loss products, please reach out to our team.

Recent Litigation Handled by Barton LLP

Novo Nordisk A/S et al v. Indian Lake Medical Weight Loss & Wellness Inc., No 3:2023cv00650 (M.D. Tenn 2024)

Barton represented Tennessee-based health clinic Indian Lake Medical Weight Loss & Wellness in a lawsuit filed by pharmaceutical giant Novo Nordisk alleging trademark infringement. Novo Nordisk claimed that our client had used its Ozempic and Wegovy trademarks to sell a different product, namely compounded semaglutide. We were able to settle the matter favorably for our client, without an injunction. Novo Nordisk has filed over two dozen similar lawsuits, and this was the first to be settled without an injunction attached.

Novo Nordisk Inc. v. DCA Pharmacy, No. 3:2023cv00668 (M.D. Tenn 2024)

Barton represented DCA Pharmacy (a Tennessee-based compounding pharmacy) against a claim from pharmaceutical giant Novo Nordisk. Novo Nordisk alleged that our client’s production of compounded semaglutide violated the Tennessee Drug Control Act. Barton achieved a favorable outcome for our client, with Novo Nordisk ultimately agreeing to dismiss the case.

Notable Press

• Novo Nordisk Files Suit Centered Around their Ozempic and Wegovy Medications…Again – Syracuse Law Review (September 13, 2024)
• A Review of Novo Nordisk’s Ozempic and Wegovy Trademark Enforcement Campaign – IP Watchdog (July 23, 2024)
• Novo Nordisk Sues Two Pharmacies for Allegedly Offering Contaminated Copycat Ozempic – NBC News (November 30, 2023)

Team Members

*DISCLAIMER: PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME*