There are two sides to this, marketing law in general and then our specific IP. - of which i have zero training in. Given that hotcopper is also anon you really should contact an expert with these questions. Osagie has a strong IP background reach out to him via Hopkins.
In the first case, I think that it depends on marketing law specifics. So long as they are not saying that it actually works... just having the words sleep and nighttime etc doesn't mean anything... I can have a bottle of air/water and call it sleepy water if I want. (it got no bubbles so the water is asleep right?) now... if you actually said 'it works for x condition, or clinically validated for x' that would be a misleading statement to the consumer. Unless you are able to prove it. - see class actions that are happening in the US as the lawyers are getting excited about the pickings of the canna sector.
What our IP gives us protection to specifically you need to look at the specifics of the patent... what's to stop people ripping it off and making a product... nothing... just like nothing other than words and rules stop you from going around doing 'bad things'.... nothing is stopping you... other than getting caught and consequences. As an IP holder, you have to pick your battles, however... everything comes at a cost. If we were a patent company we could sit here and just sue people... but that's not what ZLD's model is.
We have other key focuses but intangible assets are where all the value is IP+data. and the secret recipe can cross state lines easy and data/IP has a long history, we also have little if any cost going forward. (other than more research).
Ann: Zelira Meets Primary Endpoints for Insomnia Trial, page-137
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