DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Pharma

MiraLAX Won’t “Loosen Up” Against OTC Store Brand Competition

Posted in Advertising, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Product Packaging, Sight, Trademarks

Schering-Plough Healthcare, owner of the MiraLAX brand — the top-selling OTC oral laxative ($360 Million in OTC sales since launching in February 2007) — has pulled out all of the available stops and then some, in a pre-Thanksgiving Day federal district court action brought in the District of Delaware, asserting a variety of intellectual property and unfair competition claims… Continue Reading

Getting Familiar With the Basics: A Planning Primer

Posted in Advertising, Branding, Guest Bloggers, Marketing

It’s the last quarter of the year, and if you haven’t done your planning for 2010, I’ve got two things to say to you: 1) you’re late (you undoubtedly know that), and 2) you’re not alone. But whether you’re in the middle of developing your 2010 plans, directing planning input from multiple sources, or reviewing… Continue Reading

Non-Traditional Trademarks Revisited: Feel Me, Touch Me

Posted in Advertising, Branding, Copyrights, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Tommy has a lot to offer in advancing the recognition of certain kinds of non-traditional trademarks, especially touch marks. Yes, The Who’s tune from the Tommy Soundtrack "See Me, Feel Me / Listening to You" repeats these lyrics over and over: "See me, feel me, touch me, heal me."

Misleading Pharma Ads on Search Engines (Google)

Posted in Advertising, Almost Advice, Guest Bloggers, Keyword Ads, Marketing, Search Engines, Trademarks

In April the FDA sent formal letters to a number of pharma companies warning them of their misleading paid search ads in Google. Essentially the FDA wants pharma brands to put their full name of their product and associated risks in the ad. The problem as stated by pharma companies is that these paid search ads in… Continue Reading