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MarkIt to Market® - December 2021

JD Supra Law

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in Canopy Growth's patent infringement suit against GW Pharmaceuticals; and the open gTLD Sunrise period.

Marketing 102
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Five Widely Recognized Brands Accused of Being Copycats in the Market

Kashishipr

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement. For design patent infringement, however, likelihood of consumer confusion is not directly relevant.

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Protecting Your Brand: How to Remove Counterfeits from Alibaba

Corsearch

Within the realm of trademark infringement, counterfeiting emerges as a specific violation, wherein individuals or enterprises replicate registered trademarks verbatim to deceive customers, masquerading these imitations as genuine products from your brand.

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Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

IIPRD

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Amazon often face patent violations with its increasing customer base and involvement of third-party seller.

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Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently-O

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ). 35 U.S.C. § 355(j)(2)(A)(vii)(IV).

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Protecting Your Brand: How to Remove Counterfeits from Amazon

Corsearch

Your business has likely collectively spent countless hours and resources to build a strong brand presence on Amazon. However, counterfeiters will continuously undermine these efforts by listing counterfeit products and passing them off under your brand name. Patents Patents protect inventions, products, or industrial processes.