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Loyola University Chicago, School of Law

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Full-Text Articles in Marketing Law

The Lanham Act's Wonderful Complement To The Fdca: Pom Wonderful V.Coca-Cola Enhances Protection Against Misleading Labeling Through Integrated Regulation, Jennifer Thurswell Radis Jan 2015

The Lanham Act's Wonderful Complement To The Fdca: Pom Wonderful V.Coca-Cola Enhances Protection Against Misleading Labeling Through Integrated Regulation, Jennifer Thurswell Radis

Loyola University Chicago Law Journal

POM Wonderful sued Coca-Cola under the Lanham Act claiming that it suffered losses due to the misleading label on Coca-Cola’s Minute Maid brand’s Pomegranate Blueberry juice blend. Reversing the Ninth Circuit’s decision in June 2014, the Supreme Court found that POM’s claim was not precluded even though the label was regulated by the FDCA. In fact, the Court acknowledged the complementary nature of private enforcement with FDA regulation, as it did in Wyeth v. Levine in 2009. This Article submits that POM exemplifies the Court’s willingness to strengthen the Lanham Act’s protections against misleading labeling, as it did the same …


Two Pesos, Inc. V. Taco Cabana, Inc.: The Supreme Court's Expansion Of Trade Dress Protection Under Section 43(A) Of The Lanham Act, Jenny Johnson Jan 1993

Two Pesos, Inc. V. Taco Cabana, Inc.: The Supreme Court's Expansion Of Trade Dress Protection Under Section 43(A) Of The Lanham Act, Jenny Johnson

Loyola University Chicago Law Journal

No abstract provided.


Direct Mailings By Attorneys: Which End Of The Spectrum?, Susan I. Matejcak Jan 1985

Direct Mailings By Attorneys: Which End Of The Spectrum?, Susan I. Matejcak

Loyola University Chicago Law Journal

No abstract provided.


Characterizing Horizontal Market-Division Agreements Under The Ancillary Restraints Doctrine, Jeffrey J. Jarmuth Jan 1985

Characterizing Horizontal Market-Division Agreements Under The Ancillary Restraints Doctrine, Jeffrey J. Jarmuth

Loyola University Chicago Law Journal

No abstract provided.


False Advertising: A Discussion Of A Competitor's Rights And Remedies, Gary Schuman Jan 1983

False Advertising: A Discussion Of A Competitor's Rights And Remedies, Gary Schuman

Loyola University Chicago Law Journal

No abstract provided.


Section 43(A) Of The Lanham Act: Its Development And Potential, Daniel J. Mulcahy Jan 1972

Section 43(A) Of The Lanham Act: Its Development And Potential, Daniel J. Mulcahy

Loyola University Chicago Law Journal

No abstract provided.