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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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A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
By Robert Angle and Brittanee Petrik
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties’ confidential business information (CBI).
Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
By Rob Maier
Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.
New COVID Relief Bill Brings Changes to Trademark and Copyright Practice
By Eugene Y. Mar, Nate A. Garhart and Ashleigh Nickerson
The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.
Copyright and Internet Content
By Jonathan Bick
Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
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