Optometrist’s Antitrust Counterclaims Dismissed in a Contact Lens Trademark Infringement Suit

In Ciba Vision Corp. v. De Spirito, Northern District of Georgia Judge J. Owen Forrester has dismissed an optometrist’s antitrust and other counterclaims in a trademark infringement suit brought by eye care company Ciba Vision Corp., holding that the defendant failed to sufficiently allege that Ciba engaged in any type of conspiracy in violation of the Sherman Act and that he did not allege any facts that Ciba had refused to deal for reasons other than its own legitimate business purposes. Judge Forrester also granted in part a motion to intervene filed by De Spirito’s company, Hoosier Eye Doctor Inc. as to the claims of trademark infringement, unfair competition, dilution and cybersquatting, while denying Hoosier the right to intervene in the now-dismissed counterclaims.

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