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A Spoonful of Sugar? Better Put It on the Label - FDA Issues Draft Guidance on Branding Honey

Addressing concerns about adulterated honey products, the FDA has issued draft guidance clarifying labeling requirements. According to the guidance, purveyors of honey products must specify on the product label and in the...more

Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic...more

Why “Hours of Energy Now”?

Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Ola Crapola!

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your...more

It’s a Mouse World After All

Deadmau5 (\’ded-mau's\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head. On Twitter he calls himself an “Event Driven Marketing specialist,” so I...more

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

Taking The Leap: Bringing A Foreign Brand To The United States

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in...more

Brand Wars: Will the Real Ronald McDonald Please Stand Up (and Eat a Taco Bell Taco on Camera)?

Last week, Taco Bell released a TV commercial featuring real men named Ronald McDonald enjoying Taco Bell’s new breakfast items. This is very creative advertising, but is not for the faint of heart. Using a competitor’s...more

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Patent litigation heats up in the Southern District of Florida: practical implications for brand owners

Patent litigation is on the rise nationally, with a record number of cases being filed every year. In 2013, over 6,800 cases were filed in the United States, the highest number ever and about a 10 percent increase from 2012....more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Swoosh & Striped Shoes?

A little over a year ago, I pondered about whether anyone might be confused into believing Nike and Adidas had teamed up, given this shoe display...more

Stop And Smell The Trade Secrets

What do Britney Spears, Jennifer Lopez, and Celine Dion all have in common? Until recently, their own unique perfumes produced by Givaudan Fragrances Corporation, the largest flavor and fragrance manufacturer in the world. ...more

“Brand” New Law: Illinois Court Holds Brand Manufacturers Owe Duty of Care to Generic Users

Last week, a federal district court in Illinois held that GlaxoSmithKline (GSK), a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp., No....more

A Billion Dollars Boiled Down to a Couple Syllables

The other day, my better half and I were brainstorming the next great social media app. You know, the one that would propel us from our employers’ payrolls like circus performers out of a cannon? We had the concept down —...more

Model Behavior? Brands Beware - U.S. Legal Changes Impact Use of Brand Ambassadors

Due to a recent increase in wage and hour claims in the entertainment industries, U.S. brands using models and spokespeople for their ads and marketing campaigns need to be conscious of how they treat talent who are not...more

I’ll Have CRISTAL With Some Ice, Please

Does the thought of Cristal with ice sound weird to you? Yeah, it did to me too – until I went to Mexico. I am not a discerning champagne purchaser, but I’m familiar with a few well-known champagne brands like Moet,...more

Err Jordan?

As some of you may know, I commonly write posts on “personal branding” involving sports figures and other celebrities. Well, last week, a Seventh Circuit decision came down involving perhaps the most significant personal...more

UK: New Controls on Alcohol Sponsorship

Alcohol brands have had a historic association with sports sponsorship, but stricter regulation in Europe has been on a steady incline. 31 January 2014 saw the introduction by the Portman Group of the UK’s new Code of...more

The Branding Outside My Window – Anything But Obnoxious and Obtrusive

I love living in Minneapolis. The quotient for savvy and sophisticated branding is high – an opinion reinforced every time I glance out my office window....more

Genericide: A Silent Killer

Definition: A legal term for gentrification. The historical process whereby a brand name or trademark is transformed through popular usage into a common noun....more

Inventing a Generic Category Name

MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973....more

Opening Pandora’s Box?

At the risk of opening up the infamous box, what do you think of the crown logo atop the Pandora sign in the Las Vegas airport?...more

Advertising News & Analysis - February 6, 2014

In this issue: - Announcement - Avoid Brand Fumbles When Marketing During Championships - It Always Pays to Disclose Connections - Caution is the Name of the Game When a Claim is a Brand...more

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