Generic

News & Analysis as of

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

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

AstraZeneca AB v. Hanmi USA, Inc. (Fed. Cir. 2013)

A classic example of product "evergreening" is how AstraZeneca used its experience with its omeprazole franchise (sold for over a decade as Prilosec®) to promote an alternative form of the drug, Nexium® (particularly, the...more

Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry

If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

Trademark Review - Stacked Wine, SUPERJAWS and Subway (October 2013)

The Downfall of a “Stacked” Wine - Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine. Stacked Wines sought to register the mark STACKED in the...more

Not All Trademarks Are Created Equal

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name,...more

A Picture is Worth a Thousand Words

We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v....more

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

SEC Issues Guidance on Conflict Minerals Rule

On May 30, 2013, the staff of the US Securities and Exchange Commission (the “Staff”) Division of Corporation Finance issued guidance in the form of frequently asked questions (“FAQs”) regarding the SEC’s rules requiring...more

Anatomy of a Trademark Warning Ad

For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type...more

Corporate Communicator - Summer 2013

In this issue of the Corporate Communicator, we are providing a short update concerning two recent reporting and governance matters affecting public companies. The first item is developments relating to a proposal by the...more

Supreme Court Chooses Middle Ground in Assessing Reverse Payment Settlements

The U.S. Supreme Court issued its much-anticipated opinion today in FTC v. Actavis, Inc., ruling that so-called “reverse payment” patent settlements between innovator and generic pharmaceutical manufacturers that are...more

Trademark Series: Protecting your mark from becoming generic [Video]

Joe Villapol and Ralph Cathcart, partners at Ladas & Parry LLP, discuss strategies to prevent your mark from becoming generic....more

SEC Issues FAQs on Conflict Minerals and Resource Extraction

On May 30, 2013 the SEC released 12 FAQs relating to disclosure regarding the use of conflict minerals, and nine FAQs relating to disclosure of payments by resource extraction issuers. Disclosure of the use of conflict...more

Public Company Adviser - June 2013: SEC Provides FAQs on Conflict Minerals Rules

On May 30, 2013, the Securities and Exchange Commission’s Division of Corporation Finance released twelve Frequently Asked Questions in an effort to provide issuers with guidance on various aspects of Exchange Act Section 1...more

SEC Answers Frequently Asked Questions About Conflict Minerals Disclosure — Finally

The Securities and Exchange Commission’s (the Commission or SEC) Division of Corporation Finance provided answers to questions regarding the Commission’s rules adopted in response to the Dodd-Frank Wall Street Reform and...more

Trademark Review - Volume 3 | Issue 5 - May 2013

In This Issue: • In-N-Out Loses its Opposition Against In & Out Car Wash • Did Tiffany Catch Costco Red-Handed or Is “TIFFANY” Generic for Ring Settings? • RED GOLD® Is Revived on Appeal After Being Declared...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Tiffany & Co. v. Costco...

TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates...more

The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Putt-Putt Has No Miniature Trademark Rights

With all the golf coverage of the Masters Tournament and the coveted Green Jacket, this past weekend, it seemed particularly appropriate to report on a recent trademark case involving the miniature variety of golf: Putt-Putt,...more

The Not-So-Happy Place of Genericness

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint...more

Trademark Formats and Protectability

An illustrated outline of the various types of trademarks and trade dress and the rules applicable to their protectability requirements....more

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