POM Wonderful Case an Example of Greater SCOTUS Interest in Trade Marks

Today, the U.S. Supreme Court will hear oral arguments in POM Wonderful v. Coca-Cola. Finnegan partner B. Brett Heaver provided commentary on the central question in this latest high court trademark case. “The Ninth Circuit took the view that somehow the mere existence of specific regulations by the FDA that relate to fruit juices pre-empt the ability of a private company to sue under the Lanham Act,” he explained. “The Supreme Court is trying to determine whether that is a correct interpretation of the FDA regulations.” Heavner also commented on the potential significance of the case to trademark owners in other industries.