POM Wonderful LLC v. The Coca-Cola Co.

Fitzpatrick Case Update
June 12, 2014

In the latest of the Supreme Court’s recent decisions in intellectual property law, the Court today ruled that a Lanham Act claim premised on allegedly misleading packaging or labeling statements that are the subject of specific regulatory review can proceed notwithstanding the fact that another federal statute also governs the subject matter of the claim. In a unanimous decision reversing the Ninth Circuit, the Court concluded that the Lanham Act’s goal of providing competitors with a means for challenging perceived misleading labelling or advertising survives even where an accused consumer-facing communication may comply with the requirements of another federal statute.

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