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Supreme Court Denies Review in Biozeal Trademark Judgment

30 May 2026

The U.S. Supreme Court has denied certiorari in an appeal by TNSG Health Co. and affiliates challenging a Ninth Circuit affirmance of a $9.3 million default judgment against them for willful counterfeiting of the ChildLife and ChildLife Essentials trademarks owned by Biozeal LLC.

The underlying California federal court ruling from 2024 found that TNSG had willfully infringed the marks. The Ninth Circuit upheld the judgment in October 2025, noting that Biozeal's complaint plausibly alleged infringement based on TNSG's certification in trademark applications that the marks were used in commerce. The Supreme Court's denial of review on March 30, 2026, concludes the litigation.

Barnes & Thornburg represented Biozeal in securing the victory. The case centered on counterfeit pediatric supplements sold under the protected marks.

Sources: https://btlaw.com/en/insights/news/2026/barnes-thornburg-scores-supreme-court-win-for-biozeal-in-trademark-infringement-suit https://ipwatchdog.com/2026/05/28/split-cafc-issues-precedential-decision-on-trade-secret-statute-of-limitations-standard/

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