You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more
1/31/2025
/ Appeals ,
Certification Marks ,
France ,
International Trademark Protection ,
Likelihood of Confusion ,
Music Industry ,
Trademark Application ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Wine & Alcohol
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
8/14/2024
/ Advertising ,
Appeals ,
Calculation of Damages ,
Consumer Protection Laws ,
Dietary Supplements ,
False Advertising ,
Health Claims ,
Jury Verdicts ,
Private Right of Action ,
Product Labels ,
Punitive Damages ,
Putative Class Actions ,
Rules of Civil Procedure ,
Statutory Damages ,
Unfair or Deceptive Trade Practices
By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more
7/30/2024
/ Appeals ,
Breach of Contract ,
Defend Trade Secrets Act (DTSA) ,
Federal Court Litigation ,
IBM ,
Intellectual Property Protection ,
Joint Venture ,
Jurisdiction ,
Res Judicata ,
State Law Claims ,
Trade Secrets
When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more
5/3/2024
/ Admissible Evidence ,
Advertising ,
All Natural ,
Appeals ,
Class Action ,
Deceptive Intent ,
Evidence ,
Expert Witness ,
Misleading Statements ,
Natural Products ,
Product Labels
Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more
10/18/2021
/ Abuse of Discretion ,
Anti-Kickback Statute ,
Appeals ,
Attorney-Client Privilege ,
Comment Period ,
Criminal Investigations ,
Discovery ,
Draft Guidance ,
Evidence ,
Failure To State A Claim ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Kickbacks ,
Managed Care Contracts ,
Medicaid ,
Medicare ,
Patient Referrals ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Scienter
Holland & Knight's July 2019 Healthcare Law Update reported on a decision by the U.S. District Court for the District of Columbia that struck down a final rule promulgated by the U.S. Department of Health and Human Services...more
7/6/2020
/ Advertising ,
Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Authority ,
Social Security Act ,
Transparency
In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more
The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more
3/1/2019
/ Abuse of Discretion ,
Appeals ,
Document Retention Policies ,
Duty of Loyalty ,
Electronically Stored Information ,
Employee Misconduct ,
Equitable Relief ,
Misappropriation ,
Preliminary Injunctions ,
Tortious Interference ,
Trade Secrets ,
Unclean Hands
We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more
11/8/2017
/ Anticompetitive Agreements ,
Antitrust Litigation ,
Appeals ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements