Sinocare prevails in CGM trademark spat with Abbott

Sinocare announced recently that it successfully defended itself in court against trademark infringement claims brought by Abbott (NYSE:ABT).

The China-based continuous glucose monitor (CGM) maker defended itself in the High Court of Justice (Chancery Division) of England and Wales against claims regarding trademark infringement and passing off.

Abbott claimed that Sinocare’s iCan i3 CGM system infringed upon its three-dimensional trademark. That trademark covered a white, round disc for the company’s leading FreeStyle Libre on-body unit (OBU). In a definitive ruling issued on Feb. 7, Justice Richard Smith rejected Abbott’s claims.

The court’s reasoning for siding with Sinocare

The court upheld Sinocare’s counterclaims, according to a news release. This declared Abbott’s trademark invalid on two bases. First, the court said the trademark lacked distinctive character. Second, it was composed of functional features necessary for achieving a technical result.

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