Quincy Bioscience’s Prevagen Trademark Win Upheld on Appeal

Written May 1, 2020

The Seventh Circuit on April 24, 2020, upheld Prevagen maker Quincy Bioscience Inc.'s trademark win over the unauthorized sale of its popular memory supplement by Ellishbooks Corp. Quincy Bioscience LLC v. Ellishbooks, 7th Cir., No. 19-cv-1799, 4/24/20.

Quincy alleged that Ellishbooks sold dietary supplements identified as Prevagen on Amazon.com without authorization. The products allegedly included items that were in damaged packaging, lacked product information sheets, lacked appropriate purchase codes, and contained security tags from retail pharmacy stores.

Quincy sued Ellishbooks, alleging violations of the Lanham Act and that Ellishbooks “knew or had reason to know” that some of the Prevagen products it sold had been stolen from retail stores. The trial court entered a default judgment against Ellishbooks and ordered it to pay $481,000 in damages and issued an injunction barring the company from infringing on the trademark. The Seventh Circuit affirmed, finding that the issues were resolved when Ellishbooks defaulted by failing to respond to the allegations.