Fan Cheng is an Associate in Crowell & Moring’s Intellectual Property practice and based in the Chicago office. She focuses her practice on trademark prosecution and litigation, copyright law, domain name disputes, trade dress and design protection. She strives to bring a holistic, business-first approach when representing clients across industries—from consumer goods to pharmaceutical products.
Fan has developed extensive experience in trademark and design clearance and prosecution, portfolio management, and enforcement. She works closely with clients and counsel around the world to develop and maintain their trademark portfolios. Fan works with both domestic and international clients, providing an understanding of the commercial needs and concerns of global clients.
Fan’s litigation experience includes representing clients in civil litigation in federal district court and Section 337 proceedings before the International Trade Commission.
Fan also works for pro bono clients in collaboration with Lawyers for the Creative Arts and the International Trademark Association.
The process of bringing a new pharmaceutical drug to market is time-consuming and expensive. The process of naming the new drug, while not as scientifically complex, is often no less work. Drugs have several names, including their chemical (or scientific), generic (or non-proprietary) and brand (or proprietary) names. The chemical name specifies the molecular structure of the drug. The generic name specifies the underlying compound of the drug and includes a “stem” that informs health care professionals about how the drug will work in the body. In the United States, generic names must be approved by the United States Adopted Names (USAN) Council and the World Health Organization (WHO) INN Programme. While the chemical and generic names may be available for use by others in the industry, the brand name—under which the new drug is typically marketed—is unique and exclusive to the brand owner and is the focus of this article.