For many years, the large supplement maker Twinlab has maintained it owns a family of trademarks for nutrition, vitamin and mineral supplements using the word FUEL as the second word in the mark.

Heaven Sent Naturals, makers of the Elexia nutritional supplements for male and female sexual enhancement sold at GNC Stores has sued the makers of Trojan condoms for trademark infringement in connection with Trojan’s new line of Elexa condoms and sexual enhancement products.

Basing its decision in large part on the determination that a "dietary supplement smoothie" is "legally identical" (the TTAB's term, not mine) to a nutritional supplement, the TTAB has affirmed a refusal to register ISLAND NUTRITION on likelihood of confusion grounds with the previously registered ISLAND BERRIES.

In a complaint filed last week in federal court in California, Salu, Inc., the owner of the popular cosmeceutical site SkinStore.com has sued the owners of competitor NewSkinSpa.com

Supplement maker Vital Pharmaceuticals, Inc., manufacturer of the Redline RTD energy drink, recently filed suit against Red Bull GmbH, manufacturer of the popular Red Bull energy drink.

Confusion, or lack thereof, is a vitally important concept in trademark law. Proving your client’s mark may be confused with an infringer’s mark is critical to prevailing on an infringement claim.