Genetic testing company 23andMe is asking a federal court to cancel competitor Ancestry.com’s “Ancestry” trademark.
23andMe and Ancestry.com are the leading competitors in the growing market for consumer genetic testing.
Consumer genetic testing services are becoming more popular as consumers get more comfortable using them. In 2017, the consumer DNA testing market reached $99 million and could reach $310 million by 2022, according to market research firm Kalorama Information.
Consumers can use DNA testing kits to find their risks for certain diseases and to trace their ancestry. The services garnered publicity lately because law enforcement officials used DNA testing services to trace information from the garbage of the alleged California serial killer known as the Golden State Killer to nab the suspect.
23andMe’s suit says Ancestry.com’s “Ancestry” mark is generic and can’t be trademarked.
It also claims AncestryDNA kits infringe 23andMe’s U.S. Patent No. 8,463,554 covering finding relatives in a database.
23andMe also says Ancestry.com’s advertisements misleadingly compare its services with 23andMe’s services.
23andMe is seeking infringement damages and disgorgement of any profits Ancestry.com earned as a result of its allegedly misleading advertisements. The company is also seeking an award of attorneys’ fees and costs.
A company spokesperson for Ancestry.com told me the company learned of the suit through media reports and intends to vigorously defend itself against the claims.
Read my article here.
Stay on top of new developments in health law and regulation, and learn more, by signing up for a free trial to Bloomberg Law.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)