Spark Therapeutics, a subsidiary of Roche, will not be able to block competitor Bluebird Bio from using the word “spark” in ad campaigns for its gene therapy targeting sickle cell disease. At least, not until a federal infringement lawsuit between the two companies wraps up.

Bluebird is trying to trademark the slogan “Be the Spark” as well as “I am the Spark,” “Spark Change” and “Spark Action.” Spark sued and Bluebird countersued.

This week a federal judge denied Spark Therapeutics a bid for a preliminary injunction in the case.

Spark — spun off from Children’s Hospital of Philadelphia, and the first biotech company to commercialize a gene therapy in the U.S. — filed the lawsuit in May 2021, seeking compensation and court orders to stop Bluebird from using the word lest it cause confusion in the industry and weaken its brand.