After initiating an action in the Southern District of Illinois against The Coca-Cola Company (“Coca-Cola”) for patent infringement of seven patents, Beverage Dispensing Solutions, LLC (“BDS”) stipulated to transfer of the...more
The U.S. Supreme Court has decided to wade into a battle between Pom Wonderful and The Coca-Cola Co. over whether the labels on Coke’s Minute Maid pomegranate-blueberry juice blend violate the Lanham Act’s prohibition against...more
Over the past two months, the U.S. Supreme Court has agreed to hear five cases that will have a significant impact on intellectual property law. Three of the cases involve issues of patent law, one involves copyright, and...more
The United States Supreme Court has decided to wade into a battle between POM Wonderful LLC and Coca-Cola Co. over whether Coke’s labeling of its Minute Maid pomegranate-blueberry juice blend violates the Lanham Act’s...more
On January 10, 2014, the U.S. Supreme Court agreed to hear an appeal by Pom Wonderful LLC against The Coca-Cola Company. The Court will examine whether Pom can bring a federal Lanham Act false advertising claim against a...more
On Friday, the Supreme Court granted the certiorari petition of Pom Wonderful in its Lanham Act false advertising case against Coca-Cola. Pom Wonderful LLC v. Coca Cola Co., 679 F.3d 1170 (9th Cir. 2012), cert granted, ___...more
Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues...more
I come bearing breaking legal news from the Land Down Under, specifically, New Zealand. It appears that Coca-Cola recently suffered a small setback in its quest for world domination. Those of you familiar with...more
CASES TO WATCH -
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright: Status: cert. granted
Issue: Is the equitable defense of laches available in a copyright claim filed within the Copyright Act’s three-year...more
In This Issue:
- IS THIS REALLY A JOB FOR THE TRADEMARK OFFICE?
Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention.
Trademark cases? Not so much.
Interbrand has chosen Apple as the Best Global Brand for 2013, surpassing Coca-Cola. Apple was number 3 last year, rising from number 8 in 2011....more
RECENT DECISIONS -
Federal Trade Commission v. Actavis -
Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason.
In a split...more
A federal magistrate judge in New York has recommended that New York and California classes be certified to pursue injunctive and declaratory relief against Coca-Cola and Energy Brands for allegedly deceptive labeling of its...more
By now you know how much I love the Coca-Cola brand and advertising, and this beautiful gem of a billboard is no exception...more
There is no point to spending money on advertising if those experiencing it don’t understand who’s communicating about what brand, right?...more
It should be no surprise that the famous Coca-Cola brand name is federally-registered. One of the many significant benefits of federal registration is the USPTO’s obligation to refuse registration of third party marks that...more
Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards)...more
When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more
As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more
Irony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog...more
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