Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The Hatch-Waxman Act provides a cause of action for infringement based on the submission of an abbreviated new drug application (ANDA) to FDA. Bare allegations of cooperation and control are insufficient to state a claim against a would-be Hatch-Waxman defendant who did not sign or submit the ANDA. 35 U.S.C. § Mylan Pharms.

Business 52

Business Branding Brands Branding 52

JIPL Online

APRIL 7, 2021

[i] At this year’s Super Bowl alone, the Department of Homeland Security (DHS) announced that they had seized 169,000 items of counterfeit, unlicensed sports merchandise worth approximately $44 million, ranging from fake #12 Brady jerseys and Super Bowl rings to COVID-19 masks. [ii] Euroquilt, Inc. ,

Marketing 98

Marketing Marketing Licensing Trademark Law 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Also: Some of Latinfood’s Zenú and Ranchera product labels state that the product is manufactured or distributed by “Zenú Products US, Inc.”;

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

to see if it could find some soft spot in Georgia state law. The court correctly says that Edible IP can have a property interest in the “Edible Arrangements” name and associated goodwill, and state trademark law statutorily protects those property interests. They could not. Civil Theft of Personal Property .

IP 129

IP Advertising Advertising Trademark Law 129

Erik K Pelton

MARCH 11, 2022

Pelton & Associates, PLLC Regarding the FTC’s Proposed “Trade Regulation Rule on Impersonation of Government and Businesses”. . Pelton & Associates, PLLC. Pelton & Associates, PLLC (“EMP&A”) is a boutique trademark law firm located in Falls Church, Virginia. Impersonation ANPR; FTC File No. Comments of Erik M.

Government 147

Government Business Trademark Blogging 147

Technology & Marketing Law Blog

JANUARY 8, 2024

The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. Cite to the 17 year old JG Wentworth ruling.

Trademark 80

Trademark Advertising Advertising False Advertising 80

43(B)log

OCTOBER 19, 2023

Initially, the court denied the motion to dismiss consumer protection law claims simply because the complaint also alleged violation of state securities laws and consumer protection laws don’t cover securities. Other statements against the company/executives weren’t sufficiently pled as false advertising (see below for unfairness analysis).

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64