Barnes & Thornburg Scores Supreme Court Win for Biozeal in Trademark Infringement Suit

Barnes & Thornburg secured a decisive victory for Biozeal LLC when the U.S. Supreme Court declined to hear an appeal challenging a Ninth Circuit decision that affirmed a $9.3 million default judgment in favor of the pediatric supplement-maker.

On March 30, 2026, the high court denied review in an appeal brought by TNSG Health Co. and its affiliates after a California federal judge ruled in 2024 that they had willfully counterfeited the “ChildLife” and “ChildLife Essentials” trademarks owned by Biozeal and its founder, Dr. Murray Clarke.

In October 2025, the Ninth Circuit upheld the ruling, holding that Biozeal’s complaint plausibly alleged infringement because TNSG certified in trademark applications to the U.S. Patent and Trademark Office that the disputed marks were used in commerce. The Supreme Court’s decision concludes the case. 

"We are pleased the court declined to disturb the Ninth Circuit's decision, leaving us with a complete victory," Biozeal said in a statement.

BT served as co-counsel with another firm on the appeal. The BT team was led by partner Kian Hudson and included associate Kristin Froehle.