The case involves a legal dispute between Myos Corporation (Myos) and Maximum Human Performance, LLC (MHP) regarding the use of trademarks related to muscle-growth supplements. Myos alleged that MHP’s “4D-TROPIN” infringes on their trademark “FORTETROPIN.” The key issue is whether there is a likelihood of confusion between the two trademarks.

1. Myostatin Inhibitors and Patents: Myostatin is a protein that suppresses muscle growth in the human body. Myos has a patent for a method of producing a myostatin inhibitor called follistatin from fertilized chicken eggs.
2. Trademark Dispute: Myos acquired trademarks related to muscle-growth supplements, including “MYO-T12” and “FORTETROPIN.” They claimed that MHP’s “4D-TROPIN” infringed upon their trademark rights.
3. Likelihood of Confusion: The court assessed the likelihood of confusion using factors such as the similarity of the marks, strength of the mark, intent of the defendant, and evidence of actual confusion.
4. Strength of the Mark: The court noted that “FORTETROPIN” is a suggestive mark, moderately strong but lacks marketplace recognition in the sports nutrition retail market.
5. Evidence of Confusion: The court found little evidence of consumer confusion, emphasizing differences in product ingredients, pricing, and labeling clarity.
6. Irreparable Harm: The court found weak evidence of irreparable harm to Myos, as FORTETROPIN had limited public recognition in the market.
7. Balance of Hardships: The court considered the potential harm to both parties and concluded that the balance of hardships favored MHP.
8. Public Interest: The court found that public interest was not significantly impacted, and any potential confusion did not justify a preliminary injunction.

1. The court denied Myos Corporation’s motion for a preliminary injunction, concluding that there was insufficient evidence to demonstrate a likelihood of confusion between the trademarks “FORTETROPIN” and “4D-TROPIN.” The decision was based on an evaluation of trademark strength, evidence of confusion, irreparable harm, balance of hardships, and public interest.