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    Landslide® September/October 2014

    Volume 7 Issue 1  

    Intellectual Property

    POM Wonderful LLC v. Coca-Cola Co.

    Theodore H. Davis Jr. and Jaclyn T. Shanks

    The Supreme Court held that compliance with the Food, Drug, and Cosmetic Act (FDCA) regulations will not immunize the content of labels from false advertising challenges under § 43(a) of the Lanham Act. This article examines the interplay between § 43(a) and the FDCA, as well as the significance of the Supreme Court’s decision to interpretations of those statutes. Will the ultimate outcome in that litigation lead to increased challenges to federally regulated labels going-forward?

    Features

    Litigation & Trials

    Automatic Stay of Litigation Pending Inter Partes Review?

    Eric W. Schweibenz, Robert C. Mattson, and Lisa M. Mandrusiak

    Many of the advantages of challenging a patent through inter partes review (“IPR”) proceedings are diminished if district court actions occur concurrently. The article proposes a simple amendment to the law which would require an automatic stay of district court litigation based on the accused infringer’s filing of an IPR directed towards the asserted patent(s) with the U.S. Patent & Trademark Office.

    Intellectual Property

    Remedies against Fictitious and Anonymous Service Mark Counterfeiting

    Bruce A. McDonald

    This article provides an example of service mark counterfeiting by “John Doe” defendants and outlines the steps to pursue when the “house is burning down”—e.g., when a website needs to be shut down immediately because of an imminent threat to the public, or a U.S. bank account is identified as having received proceeds from the sale of a counterfeit transaction, rendering the account subject to an ex parte asset restraint.

    Columns