NAD Jurisdictional Fights Are Real Headaches

We all know that constant fighting is exhausting and can cause headaches or even stomachaches.  A challenger recently brought a fight over stomachache claims brought by headache medicine makers but NAD said enough is enough in these ongoing aspirin wars.  The recent McNeil Tylenol case sheds light on NAD's views about the scope of its jurisdiction when the claims at issue are the subject of another court's decision.  Most of the NAD jurisdictional battles take place in the context of a Lanham Act case brought during an NAD challenge, or more recently, unfortunately, when a class action is filed during the pendency of an NAD challenge.  In this case the issue was whether a case decided by the Southern District of New York in 1987 should preclude NAD from considering the current challenge.