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Trademark Law

POM Wonderful LLC v. The Coca Cola Company - Post-Decision SCOTUScast

SCOTUScast 6-25-14 featuring William Kratzke
William Kratzke June 25, 2014

William KratzkeOn June 12, 2014, the Supreme Court heard oral argument in POM Wonderful LLC v. The Coca Cola Company. This case involves the Lanham Act, which allows individuals to sue for harms resulting from misleading representations of goods or services in commerce. The question in this case is whether a private party can bring a Lanham Act claim challenging a product label that complies with regulations under the Food, Drug, and Cosmetic Act.

In a unanimous opinion delivered by Justice Kennedy, the Court held that competitors may bring Lanham Act claims that challenge food and beverage labels regulated by the FDCA. Justice Breyer took no part in the consideration or decision of this case. The decision of the Ninth Circuit was reversed.

To discuss the case, we have Prof. William Kratzke, who is the Cecil C. Humphreys Professor of Law at the University of Memphis Cecil C. Humphreys School of Law.

POM Wonderful LLC v. The Coca Cola Company - Post-Argument SCOTUScast

SCOTUScast 5-14-14 featuring William Kratzke
William Kratzke May 14, 2014

William KratzkeOn April 21, 2014, the Supreme Court heard oral argument in POM Wonderful LLC v. The Coca Cola Company. This case involves the Lanham Act, which allows individuals to sue for harms resulting from misleading representations of goods or services in commerce. The question in this case is whether a private party can bring a Lanham Act claim challenging a product label that complies with regulations under the Food, Drug, and Cosmetic Act.

To discuss the case, we have Prof. William Kratzke, who is the Cecil C. Humphreys Professor of Law at the University of Memphis Cecil C. Humphreys School of Law.

Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech

Engage Volume 14, Issue 1 February 2013
Russell K. Hasan June 28, 2013

copyrightConcerns that the enforcement of copyright law might conflict with First Amendment free speech rights arose as early as the 1970s, but within the last ten years an increasing number of lawyers, judges, and legal scholars have expressed worries regarding perceived conflicts between copyright and free speech.  One legal scholar described the contemporary academic landscape as a “copyright war” between the supporters of copyright law and those who advocate creating a distinct First Amendment defense to copyright infringement....[Read More!]

Laws of Creation: An Examination of Intellectual Property Rights - Event Audio/Video

Intellectual Property Practice Group
Ronald A. Cass, Keith N. Hylton, F. Scott Kieff January 31, 2013

Laws of Creation by Ron Cass and Keith HyltonThe historic approach to encouraging innovation and creativity by granting property rights, enshrined in the text of the U.S. Constitution, has come under attack by a growing number of legal theorists and technologists. In a new book, Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors carefully examine the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. Does the current regulatory regime spur creativity and economic growth, or do they produce licenses that stifle progress and innovation?

Featuring:

  • Hon. Ronald A. Cass, President, Cass & Associates, PC
  • Prof. Keith N. Hylton, Boston University School of Law
  • Moderator: Prof. F. Scott Kieff, The George Washington University Law School

National Press Club
Washington, DC