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- "use in commerce" (1)
- Bally Total Fitness v. Faber (1)
- Consumer opinion (1)
- Direct liablity (1)
- Direct to consumer advertising (1)
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- Drug manufacturers (1)
- FDA (1)
- Failure to warn (1)
- Federal Drug Administration (1)
- Health care (1)
- Internet (1)
- Lanham's Act (1)
- Learned intermediary rule (1)
- Litigation (1)
- Perez v. Wyeth Laboratories (1)
- Prescription drugs (1)
- Trademark dilution (1)
- Trademark infringement (1)
- Trademark law (1)
- Unfair competition (1)
- Washington (1)
- Website (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Seattle University Law Review
This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum …