Eli Lilly ·
Trademark infringement is a recurring claim in Eli Lilly's compounding litigation. Lilly argues that defendants' use of terms like 'Mounjaro,' 'Zepbound,' or confusingly similar marks in connection with compounded tirzepatide creates a likelihood of consumer confusion, which is the core test for trademark infringement under the Lanham Act. Defendants typically respond with nominative fair use defenses — that they can refer to Lilly's products when accurately describing their own — but the line between permissible reference and infringing use is fact-specific. Several 2025 and 2026 rulings have clarified where that line sits in the compounded peptide context.
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