Although Novo Nordisk holds trademarks for Ozempic and Wegovy, it is unclear whether advertising compounded semaglutide products, even including a reference to Ozempic and Wegovy in the ad, truly creates any consumer confusion - and it likely will remain unclear until there is a case that is fully litigated.
After filing 13 lawsuits in 2023 claiming trademark infringement, Novo Nordisk has filed nine new lawsuits against small clinics, medical spas, and compounding pharmacies, alleging false advertising and trademark infringement.
The surge in demand for Ozempic and Wegovy, driven by influencers documenting weight loss journeys, has led to semaglutide being listed on the FDA's drug shortage list.
Novo Nordisk's recent lawsuits, particularly against medical spas and clinics, are based on the Lanham Act, alleging false advertising and trademark infringement.
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