scholarly journals What's in Your Bottle?: Shire US Inc. v. Barr Laboratories Inc. and Its Effect on Prescription Drug Trade Dress Protection in the Third Circuit

2005 ◽  
Vol 5 ◽  
Author(s):  
Aaron M. Pile
Keyword(s):  
Prescription Drug ◽  
Generic Manufacturer ◽  
Store Brand ◽  
Brand Name ◽  
National Brand ◽  
Over The Counter ◽  
The Third ◽  
Trade Dress ◽  
Lanham Act ◽  
Physically Identical

 The pharmaceutical industry may have lost its ability to differentiate prescription drug tablets from generic imitations in light of the Third Circuit’s decision in Shire US Inc. v. Barr Laboratories Inc.1 Traditional trade dress jurisprudence has long recognized a cause of action whereby a national brand-name manufacturer can sue to protect its product’s identity from a generically manufactured facsimile. Such an action normally arises when a generic manufacturer copies the appearance of a brand-name product, thereby gaining instant product recognition based on the brand-name manufacturer’s established marketing and accumulated goodwill.2 Trademark common law and the Lanham Act protect brand-name manufacturers from such unfair trade practices.3 Over-the-counter drugs are packaged in containers bearing manufacturers’ names and markings, enabling consumers to differentiate between, for example, Ecotrin™ aspirin and generic CVS store brand aspirin.4 When a generic manufacturer’s label is sufficiently similar to that of an established product, the Lanham Act dictates that the generic manufacturer must cease selling its product.5 Even when products, i.e., tablets, are physically identical, packaging labels serve as sufficient identification of their source.

Different Approaches to Design Management - comparative study among Swedish and Polish furniture companies

2016 ◽  
Vol 8 ◽  
pp. 46-52 ◽  
Author(s):  
Justyna Starostka
Keyword(s):  
Best Practices ◽  
Marketing Strategy ◽  
Development Process ◽  
Product Development Process ◽  
Design Management ◽  
Brand Name ◽  
The Third ◽  
Design Activities ◽  
Effective Product ◽  
A Company

There are many roles that design can play in organisations. It can be source of good marketing strategy, and designer by himself can be a promotional tool for a company. Thanks to those actions companies can gain publicity, media attention and good PR.On the second level, design can be perceived as ‘process of making things better’. In this case companies can achieve more effective product development process, new tools and technologies.On the third level we have the situation when designer work alongside with company managers with the whole business concept. At this level, designers’ work looks more like a brand consultant, a strategist. In this approach design should be reflecting certain brand name and brand values.As our study presented, Swedish companies operate on those two, higher levels, while Polish still limit the scope of design. We strongly believe, that Polish companies, as they gain more experience with design activities, will be more likely to perceive design in this more mature approach. In the meantime, presenting best practices from companies from other, more mature countries could be a good way of promoting design as a strategic asset rather than promotional tool. We believe that in order to fasten this process, Polish companies should as follows:1. Work more often with external and foreign designers;2. Expand the area of designer responsibilities in companies;3. Place the responsibility for design in hands of professional design managers.

Visual Processing without Awareness: Evidence from Unilateral Neglect

1992 ◽  
Vol 4 (4) ◽  
pp. 345-351 ◽  
Author(s):  
Anna Berti ◽  
Giacomo Rizzolatti
Keyword(s):  
Visual Processing ◽  
Visual Awareness ◽  
Visual Cognition ◽  
Congruent Condition ◽  
Experimental Conditions ◽  
Unilateral Neglect ◽  
Normal Field ◽  
The Third ◽  
Physically Identical ◽  
Physiological Theory

Can visual processing be carried out without visual awareness of the presented objects? In the present study we addressed this problem in patients with severe unilateral neglect. The patients were required to respond as fast as possible to target stimuli (pictures of animals and fruits) presented to the normal field by pressing one of the two keys according to the category of the targets. We then studied the influence of priming stimuli, again pictures of animals or fruits, presented to the neglected field on the responses to targets. By combining different pairs of primes and targets, three different experimental conditions were obtained. In the first condition, "Highly congruent," the target and prime stimuli belonged to the same category and were physically identical; in the second condition, "Congruent," the stimuli represented two elements of the same category but were physically dissimilar; in the third condition, "Noncongruent," the stimuli represented one exemplar from each of the two categories of stimuli. The results showed that the responses were facilitated not only in the Highly congruent condition, but also in the Congruent one. This finding suggests that patients with neglect are able to process stimuli presented to the neglected field to a categorical level of representation even when they deny the stimulus presence in the affected field. The implications of this finding for psychological and physiological theory of neglect and visual cognition are discussed.

scholarly journals The costs of functional gastrointestinal disorders and related signs and symptoms in infants: a systematic literature review and cost calculation for England

BMJ Open ◽  
2017 ◽  
Vol 7 (11) ◽  
pp. e015594 ◽  
Author(s):  
James Mahon ◽  
Carlos Lifschitz ◽  
Thomas Ludwig ◽  
Nikhil Thapar ◽  
Julie Glanville ◽  
...  
Keyword(s):  
Literature Review ◽  
Systematic Literature Review ◽  
Functional Gastrointestinal Disorders ◽  
Signs And Symptoms ◽  
Third Party ◽  
Gastrointestinal Disorders ◽  
Over The Counter ◽  
Party Payer ◽  
The Third ◽  
The Cost

ObjectivesTo estimate the cost of functional gastrointestinal disorders (FGIDs) and related signs and symptoms in infants to the third party payer and to parents.Study designTo estimate the cost of illness (COI) of infant FGIDs, a two-stage process was applied: a systematic literature review and a COI calculation. As no pertinent papers were found in the systematic literature review, a ‘de novo’ analysis was performed. For the latter, the potential costs for the third party payer (the National Health Service (NHS) in England) and for parents/carers for the treatment of FGIDs in infants were calculated, by using publicly available data. In constructing the calculation, estimates and assumptions (where necessary) were chosen to provide a lower bound (minimum) of the potential overall cost. In doing so, the interpretation of the calculation is that the true COI can be no lower than that estimated.ResultsOur calculation estimated that the total costs of treating FGIDs in infants in England were at least £72.3 million per year in 2014/2015 of which £49.1 million was NHS expenditure on prescriptions, community care and hospital treatment. Parents incurred £23.2 million in costs through purchase of over the counter remedies.ConclusionsThe total cost presented here is likely to be a significant underestimate as only lower bound estimates were used where applicable, and for example, costs of alternative therapies, inpatient treatments or diagnostic tests, and time off work by parents could not be adequately estimated and were omitted from the calculation. The number and kind of prescribed products and products sold over the counter to treat FGIDs suggest that there are gaps between treatment guidelines, which emphasise parental reassurance and nutritional advice, and their implementation.

Importance and Role of Retail Brands in a Non-Food Market

2020 ◽  
pp. 314-340
Author(s):  
Gonzalo Moreno Warleta ◽  
Mónica Díaz-Bustamante Ventisca ◽  
María Puelles Gallo
Keyword(s):  
Customer Loyalty ◽  
Private Label ◽  
Store Loyalty ◽  
Store Brand ◽  
Brand Name ◽  
Operating Profit ◽  
Food Retailers ◽  
Food Market ◽  
Product Strategies

Non-food vendors struggle to reduce customers churn when these shop for consumer goods: From simple coupons to sophisticated big-data-based loyalty systems, modern merchants undertake a range of initiatives to maintain customer loyalty to their stores. At the same time, while consensus exists on the fact that retail brands have the ability to generate store loyalty, this fact has seldom been empirically corroborated. Probably due to this lack of certainty, many non-food retailers use “private label” product strategies as a way to preserve healthy business ratios, such as revenue, contribution margin, operating profit, etc., far from the idea of developing customer loyalty to the store. This constitutes the main objective of our work: To prove the existence of a statistic correlation between Consumers' loyal attitudes and behaviors towards “private labels” and their loyalty towards The Store Brand Name that sponsors these brands.

Store-brand introduction and production arrangement in the presence of multiple retailers

2020 ◽  
Vol 54 (3) ◽  
pp. 827-843 ◽  
Author(s):  
Rong Cheng ◽  
Weimin Ma ◽  
Hua Ke
Keyword(s):  
Game Theory ◽  
Real World ◽  
Stackelberg Games ◽  
Store Brand ◽  
Store Brands ◽  
National Brand ◽  
Model Interaction ◽  
National Brands ◽  
The Real ◽  
Retailing Business

Store brands play an increasingly important role in retailing business, leading more and more retailers to introduce store brands. Abundant research focuses on competition between store brands and national brands and counterstrategies that national-brand manufacturers can take to counter store-brand introduction. A little research studies the store-brand production issue, however, all under single-retailer scenarios. To approach the real world, we employ game theory to model interaction between a national-brand manufacturer and multiple locally monopolist retailers, one of whom has capability and motivation to introduce a store brand. Five Stackelberg games are build and solved to investigate: how the presence of the non-store-brand retailers affects the store-brand retailer’s decision on and profitability in the store-brand introduction; how the store-brand retailer should arrange store-brand production; whether there is a win–win situation where both the store-brand retailer and the national-brand manufacturerare better off with the latter producing the store brand. Accordingly, our study offers a novel rationale for why so many, especially leading, national-brand manufacturers are involved in the store-brand production. Some useful managerial suggestions are proposed on the store-brand introduction and production arrangement.

scholarly journals Milk Alkali and Hydrochlorothiazide: A Case Report

2011 ◽  
Vol 2011 ◽  
pp. 1-4 ◽  
Author(s):  
Babar Parvez ◽  
Chinenye Emuwa ◽  
Marquetta L. Faulkner ◽  
John J. Murray
Keyword(s):  
Case Report ◽  
Thiazide Diuretic ◽  
Clinical Problem ◽  
Acid Reflux ◽  
Over The Counter ◽  
The Third ◽  
Inpatient Settings ◽  
Common Clinical Problem ◽  
Alkali Ingestion

Hypercalcemia is a relatively common clinical problem in both outpatient and inpatient settings. Primary pathophysiology is the entry of calcium that exceeds its excretion into urine or deposition in bone into circulation. Among a wide array of causes of hypercalcemia, hyperparathyroidism and malignancy are the most common, accounting for greater than 90 percent of cases. Concordantly, there has been a resurgence of milk-alkali syndrome associated with the ingestion of large amounts of calcium and absorbable alkali, making it the third leading cause of hypercalcemia (Beall and Scofield, 1995 and Picolos et al., 2005). This paper centers on a case of over-the-counter calcium and alkali ingestion for acid reflux leading to milk alkali with concordant use of thiazide diuretic for hypertension.

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