Novo Nordisk, the pharmaceutical company known for its blockbuster weight loss and diabetes drugs Ozempic, Rybelsus, and Wegovy, has reached a confidential trademark settlement with Apollo Health Optimization, an Ohio-based clinic operating as Solace Integrative Mental Health. This agreement resolves Novo Nordisk’s federal trademark infringement lawsuit concerning the unauthorized use of its trademarks in connection with compounded drug products.
The settlement, acknowledged by U.S. District Judge Douglas Cole, addresses claims under the Lanham Act including false advertising and unfair competition. The court order highlights Novo Nordisk’s valid and enforceable rights to its trademarks and confirms that the Ohio clinic had used one or more of these trademarks in marketing compounded drug products purportedly containing semaglutide, the active ingredient in Novo Nordisk’s FDA-approved medicines.
As part of the permanent injunction, Apollo Health Optimization has agreed to cease all use of Novo Nordisk trademarks and refrain from suggesting that its compounded medicines achieve outcomes comparable to Novo Nordisk’s FDA-approved products.
Novo Nordisk filed the suit after alleging that the clinic falsely represented compounded drugs as FDA-approved or equivalent to its semaglutide medicines, which include Ozempic and Rybelsus for type 2 diabetes management, and Wegovy for obesity treatment.
This settlement is part of Novo Nordisk’s broader legal strategy to protect its trademarks against clinics and pharmacies offering unapproved compounded versions of its drugs. Similar lawsuits have been filed in other states, including Georgia and Connecticut.
With significant investments in research and development, Novo Nordisk remains committed to safeguarding its innovations and ensuring patient safety amid growing concerns over unregulated compounded drug products.
