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Sweeter than Watermelon: When are Fruit Designs Functional?

Photo of Nathan Mannebach (US)
By Nathan Mannebach (US) on September 29, 2023

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a…

A smooth [not crunchy] win in Bega’s favour  

Photo of Frances Drummond (AU)Photo of Alyson Poole (AU)Photo of Matt Allen (AU)
By Frances Drummond (AU), Alyson Poole (AU) & Matt Allen (AU) on June 18, 2020

The facts of the 2019 Federal Court decision in Kraft Foods Group Brands LLC v Bega Cheese Limited were far from simple.  The case centred around a battle between Kraft and Bega, involving considerations of ownership and divestment of rights …

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FDA releases final guidance for size, shape and other physical attributes of generic drugs

Photo of Katharyn Grant (US)
By Katharyn Grant (US) on July 8, 2015

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 The final guidance is largely the same as the draft guidance FDA released in…

6th Circuit Rules Energy Drink Makers Can Take Their Shots With A Jury

Photo of Saul Perloff (US)Photo of Andre Hanson (US)
By Saul Perloff (US) & Andre Hanson (US) on September 19, 2012

Last Thursday, the Sixth Circuit resurrected a trademark infringement claim and a false advertising counterclaim involving the competing “energy shot” vitamin drinks “5-hour ENERGY™” offered by Innovation Ventures, LLC, d/b/a Living Essentials (“LE”) and “6 Hour POWER…

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