Court sides with POM Wonderful in beverage fight

National News

A federal appeals court has sided with juice maker POM Wonderful in a lawsuit over another beverage company's use of the term "pom."

The 9th U.S. Circuit Court of Appeals on Tuesday reversed a lower court ruling that denied POM Wonderful's request for a preliminary injunction against Portland, Oregon-based Pur Beverages.

POM Wonderful argues that Pur Beverages' use of the term "pom" on a pomegranate energy drink is a violation of POM Wonderful's trademarks. A lower court said POM Wonderful was unlikely to succeed in the case and denied the company's request to stop Pur Beverages from selling the drink.

The 9th Circuit disagreed and ordered the lower court to reconsider the preliminary injunction.

Pur Beverages President Robert Hubbard says he still doesn't think POM Wonderful will be granted a preliminary injunction.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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