AG/FDA Blog

Trade Practices Warning: Colorable Imitation of a Trademark or Trade Dress Must Be Avoided

Federal and State laws protect the efforts that food manufacturers/distributors put into promoting customer recognition of, and trust in, their products.  Use of a trademark and/or trade dress on packaging are the commercial means typically employed… Read More
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2014 And 2015

As we say goodbye to 2014 and welcome 2015, it’s time for a little backward and forward looking. Here’s what we saw in the 2014 rear view mirror in our little corner of the Universe devoted to the regulatory aspects of foods, drugs, medical devi… Read More
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Supreme Court Holds FD&C Act Does Not Bar Competitor Food Label Challenges under the Lanham Act

By Michael J. O’Flaherty and Stewart D. Fried In a recent opinion delivered by Justice Kennedy (with Justice Breyer recused), the U.S. Supreme Court unanimously held that competitors may bring Lanham Act claims challenging food labels, even… Read More
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