NY Court Restrains Use of Viagra Marks in Sach's Condom and Missile Ad Campaign

Holding:

In this trademark infringement suit, the U.S. District Court for the Southern District of New York restrained the use or display of Viagra marks in a condom and missile campaign promoted by defendants Arye Sachs and JetAngel.com. Plaintiff Pfizer Inc. brought this action in response to defendants' launch of a "Voter Awareness Program" throughout major U.S. cities, featuring Pfizer's "Viagra" and "Viva Viagra" marks on defendants' jet cockpits and condoms with the images of presidential candidates Barack Obama and John McCain in an effort to encourage people to vote. Applying the eight factors cited in a court precedent, such as defendants' bad faith and strength of the marks, the district court found the defendants' use of the Viagra marks created a likelihood of confusion. Accordingly, Pfizer was able to satisfy the requirements for a preliminary injunction with regard to defendants' use of the marks.

Detailed Summary:

Plaintiff Pfizer Inc. (“Pfizer”) brought this trademark infringement action against defendants Arye Sachs (“Sachs”) and Jetangel.com for violations of the Lanham Act, 15 U.S.C. sections 1114, et seq., among others. Pfizer moved for a preliminary injunction on its Lanham Act claims.

By way of background, Pfizer is a global pharmaceutical company, manufactures and sells Viagra, a prescription drug used for the treatment of erectile dysfunction. Opinion, p. 1. Pfizer uses two trademarks in connection with Viagra: (1) the Viagra mark, and (2) the “Viva Viagra” mark (collectively, the “Viagra Marks”).

On the other hand, Sachs is the proprietor of an unincorporated…

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