Tag:consumer products

1
Best Method Challenge Continues to Offer “a Material Advantage” – Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
2
No Copyright Protection for Birkenstock Sandals: A Significant Decision from the German Federal Court of Justice
3
FTC Imposes Multi-Million Dollar Penalties for Deceptive Consumer Reviews; Best Practices Reminders on Endorsements and Testimonials

Best Method Challenge Continues to Offer “a Material Advantage” – Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145

Finding against Zoetis, the Full Federal Court held that Zoetis’ three patent applications relating to pig vaccines were invalid due to the failure to disclose the best method.

Read More

No Copyright Protection for Birkenstock Sandals: A Significant Decision from the German Federal Court of Justice

On 20 February 2025, the German Federal Supreme Court (BGH) delivered a landmark ruling in a case concerning the copyright protection of Birkenstock sandals. In its decision, the BGH firmly rejected the claim that Birkenstock’s sandal designs qualify for copyright as “applied art” under German copyright law. This judgment not only clarifies the scope of protection for industrial design works but also contrasts with prior rulings from regional courts in Hamburg and Cologne, highlighting the challenges of determining what constitutes “creative” or “artistic” design in functional products.

Read More

FTC Imposes Multi-Million Dollar Penalties for Deceptive Consumer Reviews; Best Practices Reminders on Endorsements and Testimonials

In a widely distributed Notice of Penalty Offense sent to over 700 companies last year, the Federal Trade Commission (“FTC”) warned businesses about use of fake endorsements and consumer reviews. Forewarned should be forearmed.” This is a continuing reminder to companies to have systems in place to ensure endorsements and reviews comply with FTC guidelines. Companies that are found to be in violation after receiving a “we’re watching you” letter can face civil penalties of up to $46,517 per violation.

Recipients of the FTC’s letter included major consumer products companies, retailers, and advertising agencies. Recipients were not accused of any wrongdoing but were put “on notice” of their responsibilities under the FTC Act and the Commission’s increased focus on specific advertising practices, particularly endorsements.

Read More

Copyright © 2025, K&L Gates LLP. All Rights Reserved.