Tag Archives: Lanham

court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018)Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the supplements … Continue reading

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Lanham Act covers ads that drug is FDA-approved/has ANDA

Arbor Pharmaceuticals, LLC v. ANI Pharmaceuticals, Inc., 2018 WL 3677923, No. 17-4910 (D. Minn. Aug. 2, 2018)Arbor sells prescription erythromycin ethylsuccinate for oral suspension, allegedly the only FDA-approved products of their kind on the market. ANI announced the launch of … Continue reading

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Lemley: The Modern Lanham Act and the Death of Common Sense

The Modern Lanham Act and the Death of Common Sense Abstract: Trademark law has expanded dramatically in the last fifty years, with a number of trends combining to give trademark owners something they have never had before–protection of marks akin … Continue reading

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slicing and dicing claims about unapproved drugs, court allows challenge to some under Lanham Act

G&W Laboratories, Inc. v. Laser Pharmaceuticals, LLC, No. 17-cv-3974-BRM-DEA, 2018 WL 3031943 (D.N.J. Jun. 19, 2018)G&W sells Anucort, a prescription drug for use in treatment of hemorrhoids. G&W alleged that its formulation delivers 25 mg of the active ingredient “in … Continue reading

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Industry magazine publisher can be sued under Lanham Act due to allegations of financial interest in competing businesses

NY Machinery Inc. v. Korean Cleaners Monthly, No. 17-cv-12269, 2018 WL 2455926 (D.N.J. May 31, 2018)Plaintiff Lee is the President of NY Machinery (NYM), which sells washing machines and dry-cleaning products, and also owns Kleaners LLC, a magazine publication for … Continue reading

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