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Structure/function claim proprietary rights may be obtainable through trademarks.

This article was originally published in The Tan Sheet

Executive Summary

STRUCTURE/FUNCTION CLAIM PROPRIETARY RIGHTS MAY BE OBTAINABLE if trademarked elements are incorporated into the claims, Piper & Marbury attorney Charles Raubicheck suggested at the National Nutritional Foods Association symposium on Feb. 29. "If you have coined a unique way of expressing the structure/function claim...in a mark or slogan or logo...then you may be able to protect that [claim]," he said, noting: "If that mark or slogan catches on, your competitors cannot use it absent a license from you."
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