Lilly files suit to stop diversion

Indianapolis — Eli Lilly filed suit against an Australian veterinary clinic for allegedly reselling its Australian-labeled Comfortis product to U.S. consumers.

Lilly seeks to stop the diversion, and says the activity is infringing on its trademark and creating unfair competition, and is in violation of FDA regulations and cybersquatting laws.

According to the lawsuit, unsuccessful attempts were made through written correspondence to get the clinic to stop its web sales of Australian Comfortis to the United States market. According to the lawsuit, Lilly seeks to permanently enjoin the Australian veterinary clinic from selling to the U.S. market and forgo profits from past product sales to U.S. customers. The company is also asking the court to levy $100,000 in fines for each of the five infringing websites used to sell its flea products online.

Eli Lilly also wants the clinic to send a letter, approved by Lilly officials, to every U.S. customer who purchased the Australian flea product stating that it must not be used and should be returned to the clinic for a full refund.

The lawsuit was filed in the U.S. District Court in Indianapolis. In early January, the defendants filed a motion for a 30-day extension.