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The interesting aspect of this case is not so much the decision few would argue that the marks are too similar (except of course if this was your former licensee who had built up trading goodwill using your brand only to switch it to something arguably similar after selling counterfeit products of your own brand) but the lessons for licensors
Theyre one of the most popular brands on the market, and for a satisfactory reason
In addition, the odds of MI were significantly higher for dual users than those of e-cigarette, and former cigarette users with pooled AORs of 3.85 (1.917.73), and 2.08 (1.293.35), respectively
The reality is that the disposable category exploded faster than the FDA could review it, so almost the entire market sells under enforcement discretion rather than full authorization
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