In closing a recent investigation, the US Federal Trade Commission (FTC) announced for the first time that an individual’s participation in a social media contest may constitute a product endorsement under FTC regulations.
The developments include a proposed modification to the HSR Form that would impact reporting requirements, AIA’s First-Inventor-to-File provisions, Federal Circuit cases to watch, Reverse-Payment legislation, proposed State legislation concerning the substitution of biosimilar products, the US Federal Excise Tax on medical devices sales and the FDA’s draft guidance for the evaluation and labeling of abuse-deterrent opioids.
Since its 2003 decision in "Medinol v. Neuro Vasx, Inc.", 67 U.S.P.Q.2d 1205 (T.T.A.B. 2003), the Trademark Trial and Appeal Board (the “Board”) has repeatedly canceled registrations that were procured or maintained based on material misrepresentations that a registrant “should have known” to be false.
A dispute between Louis Vuitton Malletier S.A. — the French manufacturer of luxury handbags and accessories — and Haute Diggity Dog LLC — a Nevada manufacturer of pet products — set the stage for one of the first cases under the relatively new Trademark Dilution Revision Act.