News & Analysis as of

Food and Drug Administration (FDA) Trademarks Appeals

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

McDermott Will & Schulte

Can’t Dismiss Lanham Act Claim Based on FDCA Preemption

The US Court of Appeals for the First Circuit affirmed-in-part and vacated-in-part a district court ruling dismissing claims under the Lanham Act and Massachusetts consumer protection law based on statements on a website...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2021

Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) - In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Removes 7 Flavorings From Food Additives List - Following a petition from several advocacy groups, the U.S. Food and Drug Administration (FDA) has deauthorized the use of seven...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more

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