On September 1, 2021, the Food and Drug Administration’s final “intended use” rule will go into effect. The update is meant to clarify the “intended use” regulations for pharmaceutical products and medical devices. According to the FDA, this “should reduce manufacturer and stakeholder uncertainty regarding the scenarios in which specific types of evidence may or
Which Time Zone Controls the Timeliness of Discovery Requests at the TTAB?
In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. While not a particularly exciting legal issue, it is no doubt
Is it Actually “Made in USA”?
Recently, the Federal Trade Commission (“FTC”) issued a new rule to prevent “Made in USA” labels from being used fraudulently. This new rule codifies the FTC’s policy which requires products which are labeled as “Made in USA”, to be supported by proof that all or virtually all of the product is made in the United
Name, Image and Likeness Legislation Changes College Sports
The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (“NIL”) starting on July 1, 2021, which marks a major shift from the NCAA’s longstanding amateurism model. So far, nine states—including Alabama, Florida, Georgia, Mississippi, New Mexico, Texas, Kentucky, Ohio, Oregon, and Illinois—have signed NIL legislation
FTC Begins Enforcing COVID-19 Consumer Protection Act
As you may recall, the early days of the COVID-19 pandemic saw a short supply of various products. Toilet paper, alcohol wipes, hand sanitizer, masks, and even flour were in such high demand, that some consumers would need to visit half a dozen stores before finding such precious commodities. Due to these extreme shortages coupled
Potential COVID-19 Vaccine Waiver
The news cycle remains dominated by COVID-19 issues. One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted effort to increase global access to vaccines.
A broad proposal for waiver on enforcement of IP related to COVID-19 prevention, containment,
USPTO Refuses Washington Football Team’s Trademark Request
While the NFL’s Washington Football Team decides on a more permanent name (likely in 2022), its hopes of trademarking its current moniker have been put on ice. On June 18, 2021, the United States Patent and Trademark Office (“USPTO”) issued an initial refusal of the Team’s application to trademark “Washington Football Team,” nearly a year
The FDA Makes Plans to Update the definition of “Healthy”
Last week, the U.S. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here. This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. These updates
ICYMI: Maryland’s Digital Advertising Tax
In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law, titled Digital Advertising Gross Revenues Tax, is designed to tax annual gross revenues derived from “digital advertising services” (meaning advertisements on a digital interface
What is an Advertisement? The National Advertising Division Weighs In.
Every day we are inundated with countless advertisements. TV ads, radio ads, internet ads, billboard ads. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”