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rafunrafun

11/28/20 10:19 AM

#311992 RE: HDGabor #311980

HD -

Why a warning encourage / promote any use?


For infringement to occur, does it need to "encourage / promote" or is "encourage / promote" only a subset of "make use possible",
because without "make use possible", there is no "encourage / promote" ... sort of like what came first, the chicken or the egg?

Did "encourage / promote" come from a statute or from judge's opinion (case law)? Please cite it, if you have it.

tucaman

11/28/20 12:09 PM

#312005 RE: HDGabor #311980

Because they are not allowed to reference R-IT label. If the do - in any way - they'd be infringing on that indication, as it is not within the skinny label that they are approved for.