The 7UP product line is the latest food or beverage the Center for Science in the Public Interest (CSPI) has sued under its now-familiar model of private enforcement. The 7UP brand is part of the Dr. Pepper Snapple
2012
Fifth Circuit Cites Laches as Properly Barring Recovery of Monetary Damages in Trademark Infringement Suit
Last Thursday, a panel of the Fifth Circuit affirmed a ruling from the Northern District of Texas partially enjoining a Texas company’s sale of ceremonial paddles decorated with the unlicensed insignia of 32 fraternities and sororities. In the lower court,…
Court of Appeals Invokes First Amendment to Reverse Conviction of Sales Rep for Off-Label Promotion
Prior Trademark Suit Does Not Bar Patent Suit Over Same Products
How many different times can you sue your competitor for violating intellectual property rights involving the same product?
At least twice, according to the Court of Appeals for the Federal Circuit (CAFC) in Superior Industries, LLC v. Thor Global Enterprises, …
Cyber Monday is a "Banner" Day for 132 Sites Selling Counterfeit Goods
Brand owners look forward to Cyber Monday with high hopes of strong online sales. Cyber Monday can also be extremely lucrative for counterfeiters. This year, however, dozens of counterfeiters received an unwelcome surprise.
The Homeland Security Investigations (HIS) directorate of…
‘Eco-Friendly’ Claims Found Not to be So Green After All
On November 19, 2012, the National Advertising Division declared that GreenPan, maker of non-stick cookware, should either change or discontinue advertising its products as “eco-friendly.” See NAD Recommendation.
The National Advertising Division, which is part of the self-regulatory system…
Two Top Legal Brands Join Forces
The Brand Protection Blog focuses on developments affecting brands and the companies that own them. We believe we would be remiss if we did not report on a significant branding development of our own.
Yesterday, Fulbright & Jaworski (which sponsors…
Branding and “Cause” Marketing
“A company’s or charity’s brand is its most valuable asset.” So said the New York Attorney General (“NYAG”) on October 18, in a guidance document (“the Guidance”) relating to companies that support charities by promising donations from the sale of…
K-V Pharmaceuticals Calls Upon the ITC To Defend Its Makena® Brand
FDA Targets Cosmeceutical Marketing Claims
On October 5, 2012, the FDA issued warning letters to two beauty and personal products companies—including multinational giant Avon Products—objecting to promotional claims that the companies make in connection with their “cosmeceutical” products. In both cases, the…