Generate IP Holdings LLC et al. v. Generate Biomedicines, Inc. (D. Mass. 21-cv-10179).

  • February 3, 2021

Generate IP Holdings and Generate Life Sciences accuse Cambridge’s Generate Biomedicines of trademark infringement. Generate Life Sciences is a provider of reproductive services, including newborn stem cell preservation. A subsidiary of the company, California Cryobank LLC is said to be the world’s premier donor sperm and egg bank. Generate IP Holdings, a wholly-owned subsidiary of California Cryobank, owns certain intellectual property rights of the various Generate businesses, including trademark registrations to GENERATE and GENERATE LIFE SCIENCES, and the plaintiffs claim to have used the GENERATE mark in commerce since at least October 23, 2019 (although the registrations claim a first use in commerce of December 31, 2019). The plaintiffs assert that the defendant began using the GENERATE and GENERATE BIOMEDICINES mark for products and services relating to the use of generative biology to create therapeutics. The complaint says that Generate Biomedicines began using the marks no earlier than January 13, 2020 and in commerce no earlier than September 2020. The plaintiffs have already filed oppositions to the defendants’ applications to register GENERATE. Plaintiffs bring claims for federal and common law trademark infringement and unfair competition.

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