Novo Nordisk A/S et al v. Drip Drop Hydration Station LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
NOVO NORDISK A/S AND NOVO
NORDISK INC.,
Plaintiffs,
vs.
DRIP DROP HYDRATION STATION
LLC D/B/A BEDSIDE MANNER
TELEHEALTH,
Defendant.
:
:
:
:
:
:
:
:
:
Case No. 1:24-cv-640
Judge Jeffery P. Hopkins
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation (Doc. 18) issued
by Magistrate Judge Karen L. Litkovitz on October 15, 2025. The Magistrate Judge
recommends that Plaintiffs’ motion for default judgment be granted and that this Court grant
various forms of relief to Plaintiffs. Importantly here, no objections have been filed and the
time for filing such objections under Fed. R. Civ. P. 72(b) has expired.
Having carefully reviewed the comprehensive findings and conclusions of the
Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and
Recommendation in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983
amendment) (“When no timely objection is filed, the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation”); see e.g.,
Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768, 2022 WL 16535903, at *1 (S.D. Ohio
Oct. 28, 2022). Accordingly, it is ORDERED that:
Case: 1:24-cv-00640-JPH-KLL Doc #: 21 Filed: 12/11/25 Page: 1 of 5 PAGEID #: <pageID>

2
1. Plaintiffs’ motion for default judgment (Docs. 15, 17) is GRANTED.
2. The Clerk is ORDERED to enter default judgment against Defendant in favor of
Plaintiffs.
3. The Court DECLARES that Defendant has:
a. Engaged in trademark infringement in violation of 15 U.S.C. § 1114(1);
b. Engaged in trademark infringement false designation of origin, and unfair
competition, in violation of 15 U.S.C. § 1125(a)(1)(A);
c. Engaged in false and misleading advertising and promotion in violation of 15
U.S.C. § 1125(a)(1)(B);
d. Engaged in unfair competition in violation of Ohio common law; and
e. Engaged in deceptive trade practices in violation of Ohio R.C. 4165.01 et seq.
4. The Court DECLARES that each of the above acts set forth in paragraph 3 was willful.
5. Defendant and its agents, servants, employees, successors, and assigns, and all other
persons acting in concert with or in conspiracy with or affiliated with Defendant are
PERMANENTLY ENJOINED AND RESTRAINED, from:
a. Using the Ozempic® and Wegovy® marks in any manner, including but not
limited to (i) use in any manner that is likely to cause confusion or mistake, to
deceive, or otherwise infringe Novo Nordisk’s rights in the Ozempic® and
Wegovy® marks in any way, or (ii) use in connection with the advertising,
marketing, sale, or promotion of any compounded drug products; and,
b. Advertising, stating, or suggesting that any compounded drug products,
including but not limited to any compounded drug products that either are
Case: 1:24-cv-00640-JPH-KLL Doc #: 21 Filed: 12/11/25 Page: 2 of 5 PAGEID #: <pageID>

3
available, directly or indirectly, from or through Defendant or the use of which
or access to which is facilitated by, or with the involvement of, Defendant:
i. are, or contain, genuine or authentic Novo Nordisk Ozempic®,
Wegovy®, or Rybelsus® medicines;
ii. are sponsored by or associated with Novo Nordisk;
iii. are approved by the FDA; have been reviewed by the FDA for safety,
effectiveness, or quality; or have been demonstrated to the FDA to be
safe or effective for their intended use;
iv. achieve or have been shown or proven to achieve therapeutic results,
effects, or outcomes, including but not limited to by relying on or
making references to clinical trial results for Novo Nordisk’s medicines;
v. achieve or have been shown or proven to achieve therapeutic results,
effects, or outcomes similar or identical to Novo Nordisk’s medicines or
are interchangeable with or equivalent to genuine Novo Nordisk
medicines;
vi. are associated or connected in any way with Novo Nordisk or Novo
Nordisk’s medicines; or
vii. contain any ingredient (including but not limited to semaglutide) that is
supplied by Novo Nordisk, is approved by the FDA, or is the same as
any ingredient in any Novo Nordisk medicine.
c. Engaging in any unfair and deceptive trade practices; and
d. Engaging in any deceptive acts or practices.
Case: 1:24-cv-00640-JPH-KLL Doc #: 21 Filed: 12/11/25 Page: 3 of 5 PAGEID #: <pageID>

4
e. Defendant is ORDERED to disclose conspicuously and prominently in any
public-facing materials for any of its compounded drug products, including but
not limited to all advertising, marketing, and promotional materials, that its
products are compounded drugs that have not been approved by the FDA and
have not been reviewed by the FDA for safety, effectiveness, or quality.1
6. Defendant is ORDERED to provide an accounting of its sales and revenue from
semaglutide products within fourteen (14) days of this Order. A ruling on whether
Plaintiffs are entitled to disgorgement of profits is STAYED pending these further
proceedings.
7. Plaintiffs shall be awarded reasonable attorneys’ fees.
8. Plaintiffs shall be awarded the costs of suit incurred herein.
9. Within twenty-one (21) days of receipt of the accounting ordered in paragraph 6,
Plaintiffs shall submit briefing on: (a) whether Plaintiffs are entitled to the
disgorgement of Defendant’s profits for Defendant’s Lanham Act violations; the
amount of monetary relief, if any, that should be awarded; and whether this monetary
relief should be trebled due to Defendant’s willfulness; (b) whether Plaintiffs are
entitled to be awarded pre-judgment and post-judgment interest on all damages; (c) the
amount of attorneys’ fees that should be awarded pursuant to paragraph 7; and (d) the
amount of costs that should be awarded pursuant to paragraph 8.
1 To the extent Plaintiffs seek injunctive relief requiring Defendant to disclose that its compounded drug
products (a) have not been demonstrated to the FDA to be safe or effective for their intended use; (b) the
processes by which the compounded drugs are manufactured have not been reviewed the FDA; and (c) FDA-
approved medicines containing semaglutide are available, that request is denied without prejudice. Plaintiffs
have not shown that such injunctive relief is warranted at this juncture.
Case: 1:24-cv-00640-JPH-KLL Doc #: 21 Filed: 12/11/25 Page: 4 of 5 PAGEID #: <pageID>

5
10. Plaintiffs may apply to this Court for further relief from any violations of this Court
Order.
IT IS SO ORDERED.
December 11, 2025
Jeffery P. Hopkins
United States District Judge
Case: 1:24-cv-00640-JPH-KLL Doc #: 21 Filed: 12/11/25 Page: 5 of 5 PAGEID #: <pageID>