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Trademark Modernization Act Revives Presumption of Irreparable Harm, Creates New Procedures

USA - January 27 2021 The U.S. Patent and Trademark Office has released a summary of the Trademark Modernization Act of 2020 (the “TMA”), which enacted significant changes…

Brendan J O'Rourke, Anisha Shenai-Khatkhate, Maya L. Tarr, Jeffrey H Warshafsky

To Register a “Generic.com” Term, Show that Consumers Perceive It As Not Generic

USA - December 2 2020 The U.S. Patent and Trademark Office has issued guidance on how it will treat applications to register “generic.com” terms in the wake of the Supreme…

Ninth Circuit Affirms Jury Verdict In Favor of Homeopathic Remedy for Flu-Like Symptoms

USA - November 27 2018 On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc…

Lawrence I Weinstein

Court Puts “FDA-Cleared” Complaint on Ice

USA - August 2 2018 The Central District of California recently dismissed, for the second time, a putative class action filed by two plaintiffs who claimed to have…

Lawrence I Weinstein

No Meat on the Bones: Proposed Vegetarian Class Action against Buffalo Wild Wings Failed to Plead Actual Injury

USA - March 12 2018 Recently, a federal district court judge in the Southern District of New York dismissed claims asserted under New York General Business Law § 349 on…

Lawrence I Weinstein