Global Protection Corp. v. Sooka, Inc. (17-cv-12230).

Global Protection, a condom and reproductive health aid manufacturer, sued Sooka for declaratory relief relating to ownership of intellectual property connected with prophylactic dams. According to the complaint, Global purchased the assets of Glyde Health Pty. Ltd. in 2015, including the rights to Australia’s Glyde Health’s prophylactic dams, the associated trademarks and goodwill, and associated 510(k) Premarket Notification FDA submissions and supporting documentation.  The FDA’s Premarket Notifications had been issued in the name of Glyde Health’s former U.S. distributer, Glyde USA, Inc., who is alleged to have transferred them to Glyde Health in 2014.  Sooka, a customer of Glyde USA who resold Glyde products, entered into an agreement with Glyde Health to distribute condoms, but not prophylactic dams.  Over the course of several months in 2015, Sooka sought to purchase rights to the FDA Premarket Notifications from Glyde Health as part of a bid to obtain North American rights to the product; the negotiations fell through, however, and Global purchased U.S. rights to the product in October 2015.  At that point, Sooka claimed that it had acquired the rights to the product directly from Glyde USA prior to the transfer to Glyde Health.  Both parties filed for trademark protection on SHEER GLYDE DAMS, with Sooka receiving the registration.  The suit was filed after Global received a cease and desist letter from Sooka.  Global seeks a declaration that it is the sole owner of the Premarket Notification, that it received the legal rights to the SHEER GLYDE DAM mark, and that it has not infringed any valid Sooka mark, as well as findings of unfair competition, unjust enrichment, and conversion.

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