Key legal question
Whether the interim bans against use of BOTOINA and spray-like advertising were justified under unfair competition law
Extracted holding
The lower court could rely on unfair competition law to find a credible risk of improper imitation and indirect confusion.
Extracted reasoning
The BOTOINA sign and the product presentation could credibly evoke BOTOX and suggest an economically connected or substitute product, thus exploiting the respondent’s reputation.