Ninth Circuit Upholds Trademark Defeat for Nature’s Way in Nature’s Day Dispute

Nature’s Way, a prominent dietary supplement company, initially filed a trademark opposition with the U.S. Patent and Trademark Office (USPTO) and later brought the matter before a federal court after the USPTO ruled in favor of Doctor’s Best. The district court, however, sided with Doctor’s Best, granting summary judgment on the grounds that Nature’s Way failed to demonstrate actual or likely confusion among consumers.

Undeterred, Nature’s Way appealed the ruling to the Ninth Circuit, contending that the lower court had erred by improperly weighing the likelihood of confusion factors. But in a decision handed down this week, the Ninth Circuit unanimously upheld the district court’s finding, emphasizing that “Nature’s Way presented insufficient evidence to raise a genuine dispute of material fact.”

The appellate panel specifically highlighted that both brands marketed their products through different channels, used distinct packaging, and lacked consumer survey evidence showing confusion. While both companies operate within the supplement industry, the court noted that this alone was not enough to support a claim of likely confusion under trademark law.

Legal experts say the ruling reinforces the importance of clear, substantive evidence—such as actual consumer confusion reports or well-designed surveys—when challenging a competing mark. “Courts are increasingly unwilling to entertain speculative claims based on visual or phonetic similarity alone,” said Julia Morris, a trademark attorney based in Los Angeles.

The case is a cautionary tale for companies seeking to protect their trademarks in crowded markets, especially in industries like health and wellness, where branding often draws on similar themes such as nature, purity, and wellness.

“This ruling is another signal that courts are scrutinizing infringement claims more carefully, especially when the marks in question don’t share enough overlap in market presence or presentation,” Morris added.Ninth Circuit Upholds Trademark Defeat for Nature’s Way in Nature’s Day Dispute