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Not A Lot Of False-Advertising Juice In This Supreme Court POM/Coca-Cola Decision
Today, the Supreme Court has ruled that Coca-Cola Coca-Colaâs Minute Maid subsidiary is not permitted to use FDA regulations to shield it from a lawsuit by the makers of POM for unfair competition.
While Supreme Court decisions are always newsworthy, this decision is not settling some juicy debate within false-advertising and trademark law. Coca-Cola tried to blend together several different legal principles and squeeze out a result that protects them against a competitorâs claim that the Minute Maid name and label design will fool consumers.
The current Trademark Act is called the La...