About this deal
Vagisan Protective Ointment should not be used immediately prior to sexual intercourse when using latex condoms, since the tear strength of latex may be impaired by the ointment.
With regard to acquiescence, the judge held that it was artificial to stress the word "use" in section 48 Trade Marks Act, which instead requires "some step which is directed toward preventing use per se".Apply a thin layer and spread on the regularly affected areas in the external genital area. A pea-sized amount in the front and in the rear genital area is fully sufficient, for example. It was common ground that the Claimants had become aware of the VAGISAN products being sold in the UK in January 2014. However, Dr Wolff argued that, since the Claimants did not bring infringement proceedings until 2019, over five years later, they had acquiesced in its use of the VAGISAN mark, and therefore could not oppose that use under section 48(1) of the Trade Marks Act 1994 which provides a defence of statutory acquiescence in such circumstances. Do not use Vagisan Moist Cream if you have a vaginal infection (e.g Thrush); in this event you should see your doctor. Overall, the judge held that there was a likelihood of confusion, owing to: (i) the low attentiveness of the average consumer and (ii) the marks being "very, very similar". The judge also separately found that there was evidence of actual confusion.
Uncommon: mild local irritation (itching, stinging) may temporarily occur, as well as a slight discharge in some cases. Very rare: hypersensitivity reactions (e.g. redness, stinging) may occur. While using Vagisan Moist Cream you should still stay alert to any other problems that may occur, A high vaginal pH level can sometimes lead to BV or another infection may cause symptoms like:Vagisan Moist Cream is for use both internally and externally, with or without the applicator. To apply on the external genital area you should use a clean finger to spread the cream - about 0.5cm of product should suffice. Use this application method for the vaginal opening and external genital area up to several times a day as needed.