GoClear Files Trademark Infringement Lawsuit against Target Corporation

2008-04-28 23:53:12 -

- GoClear LLC today announced that it has filed a trademark infringement lawsuit in the United States District Court for the Northern District of California against Target Corporation.

GoClear LLC owns the federally registered trademarks CLEARX and THE CLEAR PRESCRIPTION. GoClear has developed and sells under these trademarks skin care products that address acne and blemishes, hyperpigmentation, and photo-aging. The lawsuit alleges that Target learned of the applications and the resulting constructive priority dates for those marks once the applications matured into registrations, yet Target adopted the confusingly similar mark CLEARRX (which may be read as "Clear Rx" or "Clear Prescription") and used it to brand retail pharmacy services including its newly designed medication bottles and labels offered in Target pharmacies across the country.

The lawsuit alleges that Target's use of the CLEARRX mark constitutes trademark infringement and unfair competition under federal and state law. With this lawsuit, GoClear is seeking injunctive relief to prevent Target from continuing to infringe upon GoClear's trademark rights.

"I admire Target Corporation's efforts to address the serious problems of medication error and adherence through its retail pharmacy services and products program," said Alan R. Gottlieb, MD, the founder and CEO of GoClear LLC. "But Target should not have adopted a mark that is likely to cause consumer confusion. Target has left GoClear no other choice but to take the steps necessary to protect its intellectual property rights."

ABOUT GOCLEAR LLC

GoClear LLC is a California limited liability company located in Northern California. GoClear develops, markets, and sells innovative skin care and beauty products. More information about the company can be found at www.goclear.com.

Latham & Watkins LLP (counsel for GoClear LLC)
James Day, +1-415-391-0600