Biomax Health Products LLC v. Perfectx USA
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BIOMAX HEALTH PRODUCTS LLC, Case No. 23-cv-02834-SI
Plaintiff,
PRELIMINARY INJUNCTION
v.
PERFECTX USA, Defendant.
12 On July 11, 2023, the Court held a hearing to determine whether to convert the temporary restraining order issued in this case on June 27, 2023 into a preliminary injunction. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS the motion. 17 BACKGROUND Plaintiff alleges as follows. Plaintiff Biomax Health Products LLC markets and sells topical joint and muscle therapy cream under the PENETREX mark. Complaint, Dkt. No. 1, at ⁋ 21. Plaintiff has registered the PENETREX word mark. Id. ⁋⁋ 26–29. Since May 2022, Plaintiff has marketed its products with what it calls the PENETREX Design Mark, which consists of a thick line with color bands of varying thickness in dark red, dark blue, gray, blush, dark red, gray, and dark blue. Id. ⁋⁋ 33–36. Plaintiff’s most…