Biomax Health Products LLC v. Perfectx USA

BACKGROUND

17 Plaintiff alleges as follows. Plaintiff Biomax Health Products LLC markets and sells topical 18 joint and muscle therapy cream under the PENETREX mark. Complaint, Dkt. No. 1, at ⁋ 21. 19 Plaintiff has registered the PENETREX word mark. Id. ⁋⁋ 26–29. Since May 2022, Plaintiff has 20 marketed its products with what it calls the PENETREX Design Mark, which consists of a thick line 21 with color bands of varying thickness in dark red, dark blue, gray, blush, dark red, gray, and dark 22 blue. Id. ⁋⁋ 33–36. Plaintiff’s most popular product is its PENETREX Intensive Concentrate 23 Cream. Id. ⁋⁋ 37–39. The Intensive Concentrate Cream is sold in a white, cylindrical jar with 24 rounded edges. Id. ⁋ 38. The label consists of a white background and, from top to bottom, the color 25 band, “Penetrex®” in large, bold, black font, “INTENSIVE CARE CREAM” in all capital letters in 26 smaller black font, “Joint & Muscle Therapy” in bold dark red font, and a description of some 27 ingredients and the size of the contents in much smaller black font. Id. The fonts used are all sans serif. Id. Beginning around February 2023, defendants began marketing and…