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A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor’s product label for false advertising under the Lanham Act if it complies with applicable federal regulations? The Supreme Court of the United States answered the question affirmatively in 2014 with regard to food products, and now the 11th Circuit has weighed in with regard to dietary supplements. In Hi-Tech Pharms, Inc. v HBA Intl’s Corp, 2018 WL 6314282, No. 17-13884 (11th Cir. Dec 4, 2018), the Circuit Court ruled that a Lanham Act claim for unfair or deceptive advertising could proceed even if a supplement’s label had complied with the requirements of the federal Food, Drug, and Cosmetic Act (FDCA).
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By Kerry S. Taylor and Nathanael R. Luman
On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.
By J. Alexander Lawrence
Don and Phil Everly’s flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil’s heirs and Don over copyright ownership of the No. 1 hit “Cathy’s Clown,” in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.
By Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.
By Stan Soocher
Federal courts have long disagreed over whether the unauthorized “making available” of a plaintiff’s works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.