"GrayRobinson Intellectual Property Team Wins Mucinex® Jury Trial"

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GrayRobinson Intellectual Property Team Wins Mucinex® Jury Trial


Five-Day Jury Trial Determines No Likelihood of Confusion

TAMPA, Fla. (July 20, 2009) -- After a recent five-day jury trial and an hour and a half deliberation, GrayRobinson Intellectual Property Attorneys Stefan V. "Steve" Stein and Debra Deardourff Faulk, and local counsel Clyde Siebman and Larry Phillips of Siebman of Reynolds, Burg, Phillips and Smith, LLP, won a jury verdict on behalf of their national client, Reckitt Benckiser, Inc., the manufacturer of Mucinex Mini Melts cough and cold medicine.

The case was filed by Mini Melts, Inc., the manufacturer and distributor of cryogenically frozen ice cream bits known as Mini-Melts® ice cream. The ice cream company sued Reckitt for federal trademark infringement and unfair competition, common law trademark infringement and unfair competition and Texas state dilution. In their decision on infringement and unfair competition, the jury found no infringement or unfair competition between Mucinex® Mini Melts and Mini-Melts ice cream. Reckitt is awaiting a decision from the Court on the claim for Texas state dilution, which had been bifurcated from the jury trial and tried separately to the Court.

"The jury verdict in this case is a great victory for Reckitt and a long anticipated victory for our team," says Stein. "GrayRobinson is a firm that prides itself on being 'extremely Floridian,' however, this win proves our ability to successfully manage out of state cases with extensive national and international trademark portfolios seamlessly."

Stein and Faulk have been defending the federal lawsuit on behalf of Reckitt since 2007. Reckitt's U.S. operations are based out of Parsippany, N.J., and Reckitt is the distributor and owner of a family of trademarks for the well known expectorant Mucinex®, including a national advertising campaign featuring the highly recognized spokesvillain "Mr. Mucus" and his family of characters. A portion of the Mucinex® brand of products includes two children's products, Mucinex® Children's Liquid and Mucinex® Mini-Melts. Mini-Melts ice cream sued Reckitt for use of the name "Mini-Melts" used in connection with the children's granular form of guafeinssan sold under the name Mucinex® Mini-Melts. Among other allegations, Mini-Melts ice cream claimed that the use of the name Mini-Melts on a cough and cold medication for children caused or is likely to cause a likelihood of confusion with Mini-Melts ice cream.