Tharos Sues Lunesta Maker

SALT LAKE CITY—Tharos Laboratories Inc. filed a lawsuit in federal court here against Sepracor Inc., Marlborough, Mass., alleging trademark infringement, false designation of origin and unfair competition. The complaint alleges Sepracor’s advertisements and Web site for its Lunesta sleep product copied several aspects of Tharos’ NYTEX® sleep supplement, causing consumer confusion and damage to the company. According to Tharos (www.tharoslabs.com), Sepracor did not respond to a cease and desist request on the advertising campaign, leading the company to take legal action. Tharos is seeking damages in excess of $1 million as well as permanent injunctive relief. Nikos M. Linardakis, president and chief executive officer (CEO), said: “This is noticeably unfair business practice, in addition to probable infringement. Our federally registered butterfly trademark and NYTEX sleep supplement will be protected. Our position is to protect our company’s intellectual properties, which include its federally registered trademarks.”