On December 18, the FDA announced a long-anticipated proposed amendment to the prescription drug and biological product labeling regulations requiring electronic distribution of prescribing information intended for health care professionals. 79 Fed. Reg. 75506 (Dec. 18, 2014).
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Protecting a sound or melody as a trade mark is challenging—applicants must not only accurately represent their sign in a way that meets the expectations of their local Trade Mark Registry, but also prove their sound, noise or jingle is
It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they
As we previously posted in “All natural: FDA silence continues to create problems for false advertising defendants”, the Food and Drug Administration’s failure to provide a definition of what a “natural” ingredient is makes it difficult for companies defending
The Australian Federal Court has dismissed an appeal by Apple from a refusal to register APP STORE as a trade mark in Australia in Apple Inc. v Registrar of Trade Marks [2014] FCA 1304.
Apple filed its application
Federal courts continue their divide on ascertainability requirements for small-ticket items in the wake of Carrera v. Bayer.
Just recently, district courts in California and Illinois (neither of which are bound by Carrera), took opposite stances in applying
Social media often serves as a powerful mechanism that trademark owners can employ to promote and expand their brands, but a case currently pending in the Southern District of California illustrates just how easily social media can also be used
Despite the efforts of brand owners and entities providing online advertising space to police against counterfeit goods, advertisements for counterfeit goods on social media continues to be a recurring problem. Moreover, the appearance of many of these advertisements as genuine
The English High Court has confirmed that use of a combination of words and a background logo can be sufficient to support use of the logo alone even where that logo is not particularly distinctive.
Specsavers appealed against a High
Picture this: you type your brand name into Google. As expected, your brand’s website is returned as an “organic” result. However, a competitor’s brand is returned as a “sponsored” result (now known as a