2004, Advertising, Designs and Public Use - Intellectual Property Pulse

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2004

Advertising

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Public Use

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.” The court cited Mktg.

Advertising

Advertising Advertising False Advertising Public Use

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising.

Litigation

Litigation Settlement Marketing Marketing

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

Biosimilars 2020 Year in Review

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