On 26 February 2015, the UK Government published its response to the Law Commission’s proposed reforms to the groundless threats of intellectual property right infringement provisions by largely accepting the Law Commission’s proposed reforms, subject to certain qualifications. See UK
March 2015
Supreme Court holds TTAB decisions can have preclusive effect in subsequent infringement actions
Earlier today, the U.S. Supreme Court issued a landmark trademark decision holding that TTAB rulings on likelihood of confusion can have preclusive effect in subsequent federal court infringement actions. B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, slip…
Ninth Circuit rejects preemption defense for “No Trans Fat Label Claims”
On March 13, 2015, the Ninth Circuit held that the federal Food Drug & Cosmetics Act (“FDCA”) does not preempt state law causes of action for false advertising based on “No Trans Fat” claims appearing on the labeling of Benecol®…
Further changes to IP prosecution procedure in the pipeline for Australia
Following the barrage of changes under the “Raising of the Bar” amendments of April 2013, IP Australia have now released another public consultation paper seeking submissions on their proposals to further streamline IP processes. Whilst the proposals are…
Redline Xtreme plaintiffs denied class certification
The federal judge overseeing a putative class action alleging that the marketers of Redline Xtreme Energy Drink hid dangerous side effects, dealt the plaintiffs a serious blow last week when he refused to certify the class. The Court held that…
FDA continues to take aim at misleading internet advertising
On February 26, 2015, the U.S. Food and Drug Administration (FDA) issued warning letters to nine manufacturers of products sold over the Internet, informing each that they improperly advertise their products with disease-related claims.
Focus on dietary supplements
Five of…
“Natural” labels under scrutiny: California certifies 11 states in GMO cooking oil class action
Brand owners continue to face consumer scrutiny over claims that their products are “All Natural”.
On February 23, 2015, a California district court certified consumer classes in 11 states over the marketing of ConAgra’s Wesson Oil products. In re: ConAgra…
The 2039 Rule: UK keeps millions of very old unpublished works under copyright protection for another 24 years
As a result of the transitional provisions of the Copyright, Designs and Patents Act 1988 (CDPA), some very old unpublished works benefit from copyright protection until 2039, even though their authors have not lived for hundreds of years.
The 2039…