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The article reports that the food and beverage companies have faced legal battles from competitors, consumers, and the government, but health-related claims are under increasing scrutiny. It offers information on the cases involving POM Wonderful, LLC (POM) that shows the struggle companies may face in promoting the benefits of the products while complying with federal regulations.

The article focuses on the Tariff Act Section 337 of the U.S.; and the role of U.S. International Trade Commission (ITC) in solving unfair acts and deceptive trade practice (UDAP) statutes. Topics discussed include U.S. International Trade Commission (ITC) as solution to UDAP enforcement problems; rise of unfair and deceptive advertising involving imported goods; and issues relate to counterfeit drugs in the U.S. market.

The article discusses statutory damages that are related to counterfeit marks under Section 35(c) of the U.S. Lanham Act. Topics include a description of Section 25 of the Lanham Act as well as the definition of a counterfeit mark under it, the interaction of Section 35 to Section 29 of the Lanham Act in regards to counterfeit marks, and a discussion on how courts identify proper statutory damage awards. Also mentioned is the case Playboy Enterprises v. Universal Tel-A-Talk.

The article discusses a court case concerning the Food, Drug and Cosmetic Act (FDCA) in the U.S. In the case POM Wonderful LLC v. Coca-Cola Co., the Supreme Court ruled in favor of the plaintiff and claimed Coca-Cola to have violated the Lanham Act that focuses on food labels. Also presented are details of facts presented by the two entities in the court.

The article provides insights into the use of state-law claims in patent infringement litigation. Topics mentioned include an overview of the tort-law claims in Texas for tortious interference with existing contractual relations and unfair competition, personal jurisdiction over state-law claims, examples of state-law torts in the state, and provision of the Uniform Deceptive Trade Practices Act.

The article discusses the U.S. Supreme Court case Kirtsaeng v. John Wiley and Sons Inc. which deals with the sales of copyrighted goods. Topics mentioned include the definition of gray market goods or parallel imports, claims for copyright and trademark infringement, provisions of the Copyright Act, and the Lanham Act remedies.

The article assesses the state of intellectual property protection of U.S. companies outside the U.S. It discusses international provisions of the U.S. Patent Act to explore cases of infringement of various types of intellectual property such as trademarks, patents, copyrights and trade secrets. It also offers court decisions on the extraterritorial reach of the Patent Law as of March 2013 as guide for transactions of overseas businesses.

The article addresses the issue of unauthorized use of the company trademarks targeted by activist groups in fake websites, social-media sites and press releases by impersonation of the target. The tactic has been termed by an activist group, The Yes Men, as identity correction prank. It examines whether this tactic constitutes trademark infringement and determines conditions under which target companies can invoke the Lanham Act. It discusses parody as a defense strategy of the prankster.

The article discusses a court case Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment, Inc. which deals with the appearance of an alleged counterfeit Louis Vuitton bag as prop in the Warner Brothers film "The Hangover: Part II." The court of the Southern District of New York reviewed the case and granted the motion of the defendant Warner Brothers for dismissal of the Vuitton complaint and highlights the issues on intellectual property litigation concerning the use of a famous mark.

The article focuses on defendant's profits as a form of injunctive monetary relief for the plaintiff in cases of trademark infringement as provided for in the Lanham Act. An overview of various methodologies courts have adopted in calculating a defendant's profit are presented such as incremental approach, full absorption approach and midway between the two approaches. It discusses measures of profits and their calculation including gross profit, incremental profit, and operating profit.

The article discusses the notion of willfulness in trademark damages law in the U.S. It explains that relevant provisions of the Trademark Act of 1946 and the precedents set by different court cases. The article suggests that appellate courts should start to consider whether willfulness should be required in the recovery of a defendant's profits.

The article examines the importance of showing a disgorgement of profits in intellectual property and infringement cases in the U.S. under the Lanham Act. It highlights the decline in the number of circuit courts that continue to require a showing of willfulness to support a disgorgement of a defendant's profits. The article concludes that willfulness will continue to be an important factor in determining the appropriateness of awarding profits in federal trademark infringement actions.

The article discusses the criticisms raised against the Payment Card Industry Data Security Standard (PCI DSS) implemented in the U.S. Topics covered include the importance of the standard to assess the liabilities of merchants in case they experience data breaches. Also mentioned is the move of some payment processors to come up and implement their own PCI compliance initiatives.

The article discusses the court case Rosetta Stone Ltd. v. Google Inc. in which the U.S. Court of Appeals for the Fourth Circuit addressed the question of whether the information technology firm Google Inc. is entitled to use trademarked terms in its search results and advertising. It also informs that the case arose from plaintiff's claim that Google had infringed the software developer Rosetta Stone Inc.'s trademarks by using them as keywords in its AdWord program.

The article discusses a third circuit ruling rejecting a presumption in the case Ferring Pharmaceuticals v. Watson Pharmaceuticals related to the U.S. Lanham Act, and mentions the court cases eBay Inc. v. MercExchange and Winter v. NRDC.

The article discusses the absence of preemption in food and beverage false advertising claims under the Lanham Act in 1946. Topics covered include the implications of the law for misleading advertisements and labeling in the U.S. Also covered is the U.S. Supreme Court case POM Wonderful LLC v. Coca-Cola Co. that focuses on alleged deceptive marketing moves of the defendant.