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Documents on Intellectual Property, Food & Beverage
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|“Carcinogen-Free” Label Program Proposed in House Bill|
Etan J. Yeshua; Hyman, Phelps & McNamara, P.C.;
December 14, 2012, previously published on December 12, 2012Manufacturers of foods, drugs and cosmetics might possibly be able to label their products as “Carcinogen-Free” with federal approval. In November, Rep. Theodore Deutch (D-FL) and Rep. Sue Myrick (R-NC) introduced the "Carcinogen-Free Label Act of 2012" (H.R. 6601), which...
|Stopping Counterfeits at the Border|
Frances Drummond, Georgina Hey; Norton Rose Canada LLP;
September 4, 2012, previously published on August 2012Australians might be alarmed to know that counterfeit goods are entering Australia every day including in the areas of healthcare, food and beverages. Changes to current Customs Notice provisions are designed to help stem the flow.
|New Rules for Franchising in Mexico|
Ana Castañeda, Jorge León; C & L Attorneys, S.C.;
August 29, 2012, previously published by INFORMA LAW, MEXICO WORLD FOCUS. on Spring 2006Guide for Franchising in Mexico.
|Ninth Circuit Shreds Proposed Frosted Mini-Wheats Class Action Settlement|
Holly A. Melton, Ina B. Scher; Davis & Gilbert LLP;
July 31, 2012, previously published on July 2012The Ninth Circuit did not sugar coat its decision rejecting the proposed $10.6 million settlement in a putative class action accusing Kellogg Co. of making false claims that Frosted Mini-Wheats enhance children’s ability to pay attention.
|Notion of 'Bad Faith' Now Applied More Broadly In Opposition Proceedings|
CBL Law Office;
June 1, 2012, previously published by WTR Daily, part of World Trademark Review www.worldtrademarkreview.com on May 2012The Turkish Patent Institute has held that an application which was similar to the opponent’s trademark and covered different services in the same class had been filed in bad faith. Although the Trademark Decree-Law 556 recognises bad faith as a ground of opposition, so far this ground had...
|24 DU 24?|
John McKeown; Cassels Brock & Blackwell LLP;
April 27, 2012, previously published on April 26, 2012A recent decision of the Trade-marks Opposition Board dealt with the trade-mark “24 du 24” proposed to be used in association with alcoholic brewery beverages, signs, banners, posters and packaging for beverages, namely containers for bottles or cans of beer by Labatt Breweries of...
|ITC Institutes Investigation (337-TA-835) Regarding Certain Food Storage Containers|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 10, 2012, previously published on April 9, 2012On April 3, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Food Storage Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof (Inv. No. 337-TA-835).
|Total War: General Mills Successfully Opposes Registration of "TOTAL" for Yogurt|
Janet A. Marvel; Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP;
November 28, 2011, previously published on November 28, 2011An 11-year dispute over whether "Total" yogurt is confusingly similar to "Total" cereal came to an end in September - at least in the Trademark Trial and Appeal Board. General Mills Inc. v. Fage Dairy Processing Industry SA, 100 U.S.P.Q.2d 1584 (T.T.A.B. Sept. 14, 2011). Shortly...
|Cadbury on Fertilizer?|
King & Wood's Trademark Practice, King & Wood's Trademark Practice, King & Wood's Trademark Practice; King Wood;
April 13, 2011A Chinese company has applied for registration of the mark "Jibaili" (Cadbury in Chinese) on fertilizers. Cadbury brought a lawsuit after it failed in both opposition and review proceedings.
|ITC Issues Opinion On Remedy, Public Interest, and Bonding In Certain Energy Drink Products (337-TA-678)|
Alexander E. Gasser, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 30, 2010, previously published on November 29, 2010On November 23, 2010, the International Trade Commission issued the public version of its opinion (dated September 8, 2010) with respect to remedy, public interest, and bonding in Certain Energy Drink Products (Inv. No. 337-TA-678).