Search for: "In Re POM" Results 1 - 20 of 146
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11 Jul 2016, 11:09 am by Rebecca Tushnet
  Now we’re at summary judgment, where Hubbard counterclaimed for cancellation of Pom’s marks on various grounds. [read post]
5 May 2016, 6:00 am by David Pabian
I’m a pretty big fan of pomegranate (for the flavor, not the health benefits), but I’d have to agree that if you’re going to claim specific health benefits, you should have some support to back up the claim. [read post]
25 May 2011, 9:52 am by Rebecca Tushnet
Pom’s reasons to believe: backed by $25 million in research conducted using Pom juice; only guaranteed 100% pomegranate juice. [read post]
31 Dec 2014, 6:27 am by Rebecca Tushnet
  Marks aren’t considered in the abstract (as they are in the registration context) but rather as they’re encountered in the marketplace. [read post]
12 Aug 2015, 5:58 am by Rebecca Tushnet
Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy drink (which allegedly contains no pomegranate juice at all) and remanded for a re-analysis of the remaining preliminary injunction factors, Pom was unable to show irreparable harm distinct from its showing on likely confusion. [read post]
25 May 2012, 5:28 am by Rebecca Tushnet
  Not clear whether Pom has consumer reaction evidence indicating that consumers do not receive a treatment/prevention message from such claims--like "heart therapy," below. [read post]
1 Apr 2014, 12:34 pm by Rebecca Tushnet
In re Pom Wonderful LLC Marketing and Sales Practices Litigation, No. [read post]
5 Oct 2010, 6:32 am by Ashby Jones
Okay, we'll admit it: We're starting to enjoy this spat between the Federal Trade Commission and pomegranate juice maker POM Wonderful. [read post]
1 Jul 2014, 2:27 pm by Eric Goldman
So does the Supreme Court’s enthusiasm for the Lanham Act mean we’re about to see a flood of Lanham Act lawsuits? [read post]
17 Jun 2014, 5:24 am by Rebecca Tushnet
Static Control Components and POM Wonderful v. [read post]
25 Mar 2011, 10:50 am
In short, they're making their own law (which is a no-no). [read post]
4 Oct 2019, 6:00 am
"A little known rule enshrined in Social Security's Program Operations Manuals (POMS) is responsible for this stupidity, which was actually re-affirmed by a Federal judge in 2011.But that was then, and this is now, and we have some great news:Big win in EO thanks to @TwilaBrase! [read post]
30 Dec 2014, 4:54 pm by Richard Goldfarb
  You’re basically asking for the relief you’d get after trial before a trial is held. [read post]
22 Apr 2014, 9:38 am by Rebecca Tushnet
  Pom seemed to have a pretty good day. [read post]
16 Jul 2012, 9:56 pm by FDABlog HPM
  POM has also appealed the ALJ’s findings that POM contends were erroneous. [read post]
1 Apr 2013, 1:35 pm by John J. Sullivan
  So even if plaintiff’s amended complaint survives, targeted discovery might establish, yet again, that plaintiff’s claims are preempted.It’s early, and we’re pretty sure we haven’t seen the last of this litigation. [read post]
5 Apr 2016, 6:56 am by Lauren Valkenaar (US)
POM’s Motion for Partial Summary Judgment on Coca-Cola’s Affirmative Defense of Unclean Hands (Dec. 1, 2015) (Dkt. 498), and POM’s Objections to Evidence re: Defendant’s Opposing to Motion for Partial Summary Judgment (Jan. 5, 2016) (Dkt. 521) (Case No. 2:08-cv-06237 (C.D. [read post]
5 Apr 2016, 6:56 am by Lauren Valkenaar (US)
POM’s Motion for Partial Summary Judgment on Coca-Cola’s Affirmative Defense of Unclean Hands (Dec. 1, 2015) (Dkt. 498), and POM’s Objections to Evidence re: Defendant’s Opposing to Motion for Partial Summary Judgment (Jan. 5, 2016) (Dkt. 521) (Case No. 2:08-cv-06237 (C.D. [read post]