In a recently unsealed opinion, the U.S. District Court for the District of Columbia granted summary judgment to the Certified Financial Planner Board of Standards (CFP Board), on a Lanham Act false advertising claim brought by plaintiffs alleging that the
2015
All natural, sold au naturel: Nestlé’s brilliant creamer ad hits the web
On Wednesday, July 15, Nestlé began grabbing headlines and attention for advertising its Coffee-Mate Natural Bliss creamer brand in an especially creative way: Having baristas serve coffee and the creamer au naturel.
According to Nestlé’s digital advertising agency, 360i…
Update: European Parliament approves copyright reform
Earlier this month, we reported that the Committee on Legal Affairs of the European Parliament had approved an amended EU copyright evaluation report (the “Report”) outlining a reform of copyright law in the European Union.
On July 9, 2015 the…
What’s in a survey? The place of consumer surveys in establishing whether a trade mark is inherently distinctive
Consumer surveys have long been denegrated by Australian Courts as being of little use in trade mark cases to establish likelihood of confusion. The probity of these surveys has been of little concern for establishing trade mark distinctiveness because the…
Federal court affirms cancellation of Redskins’ trademark
A federal district court in Virginia has affirmed the U.S. Patent and Trademark Office’s (“USPTO”) 2014 decision to cancel the Washington Redskins’ federal trademark registrations pursuant to Section 2(a) of the Lanham Act. Mem. Op., Pro-Football, Inc. v. Blackhorse…
FDA releases final guidance for size, shape and other physical attributes of generic drugs
On June 18, 2015, the FDA issued its final guidance regarding Size, Shape, and Other Physical Attributes of Generic Tablets and Capsules. June 2015 Guidance. The final guidance is largely the same as the draft guidance FDA released in…
Committee on Legal Affairs of the European Parliament approves copyright reform
The Committee on Legal Affairs of the European Parliament recently approved an amended EU copyright evaluation report (the “Report”) by its member Julia Reda outlining a reform of copyright law in the European Union. The Report aims at…
Will the leap second affect your sweepstakes?
On June 30, 2015, the world will once again experience a “leap second,” where one second is added to the clock. As a result, there will actually be civilian clocks reading 23:59:60 on that day. (Leap second has no impact…
Canadian plain language labelling requirements take effect for drug products
The Regulations Amending the Food and Drug Regulations (Labelling, Packaging and Brand Names of Drugs for Human Use) – more commonly known as the “Plain Language Labelling amendments” – as the requirements apply to prescription drugs and products obtained…
FDA seeks to appease drug company in off-label marketing dispute
The FDA has long treated off-label marketing – the promotion of drugs for uses that have not received FDA approval – as evidence of intent to violate the “misbranding” provisions of the Food, Drug and Cosmetic Act (“FDCA”), 21 U.S.C.…