The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being...more
On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued Warning Letters to four companies concerning the illegal sale of unapproved animal drugs containing cannabidiol (CBD) intended for use in food-producing...more
In prior installments of our series on branding considerations and trademark disputes in the beverage alcohol industry, we examined best practices relating to trademark selection and searching to hopefully avoid branding...more
Amazon’s new seller transparency policy, announced July 8, 2020, requires by September 1, 2020, each seller’s page on Amazon.com to display the respective seller’s name and address. This brings some of Amazon’s U.S.-based...more
8/20/2020
/ Amazon ,
Brand Registry ,
Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
Counterfeiting ,
E-Commerce ,
Infringement ,
Online Marketplace ,
Retail Sales ,
Sellers ,
Transparency
Have you ever heard the term, “smells like money”? Under the ever-changing economic landscape affecting farmers throughout the country, many are looking to diversify their agricultural operation from an exclusive row-crop...more
Earlier this year, a class action complaint was filed against Coca-Cola and one of its subsidiaries, Fairlife LLC, alleging false advertising for selling “humanely sourced” milk. Why false? According to the complaint, which...more
In our previous post, we touched on some of the interesting issues related to the enforcement of cannabis patents through litigation. In this post, we turn to an alternative to litigation to discuss some of the unique...more
Avoiding Trademark Disputes in the Alcoholic Beverage Industry-
In the first installment of our series on trademark disputes in the alcoholic beverage industry, we identified the risks facing industry participants on the...more
We are approximately nine months into FDA’s animal feed and pet food facility inspections for compliance with the Food Safety Modernization Act (FSMA) Preventive Controls for Animal Food (PC) rule. With PC inspections...more
Since enactment of the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”), confusion has run rampant over when and where hemp or hemp produced cannabidiol (CBD) can legally be used. Animal food and feed are no...more
According to Lex Machina’s 2018 Trade Secret Litigation Report, the number of trade secret cases pursued in U.S. federal courts has increased rapidly since the 2016 enactment of the Defend Trade Secrets Act (DTSA), which...more
Chapter 1 – The Double-Edged Nature of the FDA Approval Process
2018 proved to be a very busy (and frankly dizzying) year for the cannabis industry as three more states, including Missouri, passed laws legalizing some form...more
On May 24, 2018, we received the third (trial) installment in the seven year legal battle between Apple and Samsung over the design of smart phones and related devices. At issue on this go-round was a retrial solely directed...more