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. The suit alleges trademark and traderess infringement based upon a likelihood of confusion between the Elexa and Elexia marks and packaging. You be the judge:

What is conspicuously absent from Heaven Sent’s complaint is any reference to a trademark registration for the ELEXIA mark. Apparently, Heaven Sent never filed one. While Elexia does have some rights based upon use of the ELEXIA mark in commerce for six years, because no registration was ever obtained its case will be more difficult to prove. Of course, there is also the distinct possibility that all of this could be avoided had Heaven Sent taken the simple and relatively inexpensive step early on of registering its mark. The moral for nutritional and dietary supplement companies: register your marks!

Complaint, Heaven Sent Naturals, Inc. v. Church and Dwight Co., Inc., et al. (D. Ariz.)