Litigation
Jun. 15, 2012
What’s in a name?
The 9th Circuit recently determined that the FDCA prevents Pom from bringing a Lanham Act claim against Coca-Cola. By James Kachmar of Weintraub Genshlea Chediak Tobin & Tobin
The 9th U.S. Circuit Court of Appeals recently dealt with the issue of whether the Federal Drug and Cosmetic Act (FDCA) prevents a plaintiff from bringing a Lanham Act claim alleging that the name and labeling of a juice beverage is deceptive and misleading. Pom Wonderful LLC v. The Coca-Cola Co., 2012 DJDAR 6434 (9th Cir. May 17, 2012). The plaintiff, Pom Wonderful, produces and sells pomegranate juice and pomegranate juice blends. In 200...
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