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Administrative Agency Communications & Media

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

New FAA Waiver Issued to CNN Will Help Expand Commercial Drone Operations Over People

by Hogan Lovells on

Drones are the future of transportation and information technology. Recent innovations have transformed what used to be considered toys into powerful tools that provide substantial safety and efficiency benefits to commercial...more

will.i.am: registered.u.r.not

In In re I.AM.SYMBOLIC, LLC, [2016-1507, 2016-1508, 2016-1509] (August 8, 2017), the Federal Circuit affirmed the decision of the TTAB affirming the Trademark Examiner’s refusal of registration of the mark I AM on grounds of...more

Commission Overturns Summary Determination in Optical Fibers Investigation

by Jones Day on

In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6,...more

Cannabis Trademark Opposition: A Fanciful Counterfactual Illustration

by Revision Legal on

Parties file oppositions against pending trademark applications for a wide variety of reasons. Often, a party filing an opposition or requesting an extension of time to do so will contact the Applicant before filing or at the...more

FDA and FTC Solicit Consumer Complaints About Dietary Supplement Marketing

by Pepper Hamilton LLP on

The Food and Drug Administration and the Federal Trade Commission have jointly requested that consumers report dietary supplements that “didn’t work as promised” or that are marketed with “unbelievable” claims. Consumers may...more

Changes To The Nutrition Facts Label: What You Need To Know

by Fox Rothschild LLP on

On May 20, 2016, the Food and Drug Administration (“FDA”) announced new changes to the Nutrition Facts label required for packaged foods. The FDA’s intent was to create a new label that would make it easier for consumer to...more

Hutchinson Revisited Surname + Merely Descriptive Term May or May Not Be Registrable

In Earnhardt v. Kerry Earhhardt, Inc., [2016-1939] (July 27, 2017), the Federal Circuit vacated and remanded a TTAB decision dismissing Earnhardt’s opposition because it found that there was no likelihood of confusion between...more

DOJ Disables Titles II and III Website Regulations

The U.S. Department of Justice (DOJ) has placed its once-planned website accessibility regulations under Titles II and III of the Americans with Disabilities Act (ADA) on an inactive list, putting to rest speculation about...more

CNN Receives FAA Waiver for Drone Flights Over People for Movies and TV

CNN’s Aerial Imagery and Reporting (CNN AIR) unit received its Federal Aviation Administration (FAA) Part 107 waiver last week for closed-set drone operations over people for motion picture and television filming. This is the...more

ALJ Narrows OFCCP’s Request for Google Employee and Pay Data

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more

Administrative Law Judge Sides With Google in Denial-of-Access Case

by Ballard Spahr LLP on

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was...more

FDA Creates Uncertainty by Delaying Nutrition Facts Label Compliance

by Pepper Hamilton LLP on

On June 13, the Food and Drug Administration announced it would indefinitely extend the compliance deadline for the Nutrition Facts Label final rules, creating uncertainty for food and beverage manufacturers....more

Dietary Supplement & Cosmetics Legal Bulletin | July 2017

JAMA Study and Editorial Call for Improvements in Cosmetic Regulation and Surveillance - In response to a study analyzing adverse events for cosmetics and personal care products, the Journal of the American Medical...more

How to Avoid Mutilating Your Trademark

by Knobbe Martens on

In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation....more

House Subcommittee on Health Opens Floor for Discussion of FDA Regulation of Off-Label Speech

by Hogan Lovells on

The House Subcommittee on Health has announced a hearing entitled “Examining Medical Product Manufacturer Communications” for Wednesday, July 12, 2017, at 10:15am EDT, in which it intends to examine two discussion-draft bills...more

Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions - July 2017

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit...more

FDA’s Delay of the Menu Labeling Rule Challenged

by McDermott Will & Emery on

Two consumer advocacy groups recently sued the Food and Drug Administration (FDA) for delaying the compliance deadline for the agency’s 2014 menu labeling rule for a fourth time. The menu labeling rule requires menu items...more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

by Pepper Hamilton LLP on

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase...more

Food and Beverage News and Trends - June 2017

by DLA Piper on

Nonprofits sue FDA over delay in menu-labeling rule. On June 7, the Center for Science in the Public Interest and the National Consumers League filed suit in the US District Court for the District of Columbia against the...more

4 Common Reasons for a Trademark Registration Refusal

by Revision Legal on

When someone applies for a federal trademark registration with the United States Patent and Trademark Office (USPTO), it is possible for the trademark registration application to be refused. While this is often disappointing,...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

Speedy Justice: Ttab Reverses Refusal To Register CROSBY QUIC-TAG

by Ladas & Parry LLP on

In a non-precedential decision in In re The Crosby Group LLC, Serial 86780353 (April 17 2017), the Trademark Trial and Appeal Board (TTAB) held that there was no likelihood of confusion between the applicant’s CROSBY QUIC-TAG...more

Ownership of a Trademark Follows Use

In Lyons v. The American College of Veterinary Sports Medicine and Rehabilitation, [2016-2055](June 8, 2017), the Federal Circuit affirmed the decision of the TTAB cancelling Lyons’ registration of the mark THE AMERICAN...more

There are Few Absolutes In Likelihood of Confusion; Apparently Fame isn’t one of Them

In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit vacated a Trademark Trial and Appeal Board decision denying cancellation of Fairmont’s Reg. No. 4213619 on the mark...more

Is the NAD Forum Right for Your Advertising Dispute?

by Revision Legal on

In certain advertising disputes, it may be possible and considerably more affordable to argue the advertising dispute before the National Advertising Division (NAD) of the Council of Better Business Bureaus, rather than...more

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