IP Clinic: How Will the Supreme Court Change IP Practice This Year?

Finnegan partner B. Brett Heavner provided trademark commentary to MIP regarding the POM Wonderful v. Coca-Cola case that was recently picked up by the U.S. Supreme Court. The high court will consider beverage labeling and whether or not factual statements are governed by the Food and Drug Administration (FDA) or false advertising laws under the U.S. Lanham Act. “It’s going to be a big deal in the pharmaceutical and food area because I hope it will lay groundwork for determining when a Lanham Act false-advertising claim can move forward in the face of regulation in that same field,” Heavner said.