Kelly Horein

Kelly Horein

McNees Wallace & Nurick LLC

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Latest Publications


The New World of Trademark Litigation After The Supreme Court's B&B Hardware Decision

Last week, the U.S. Supreme Court held that a ruling by the Trademark Trial and Appeal Board (TTAB) may be binding on a federal court that later hears the same issue. The Court's decision is likely to significantly affect the...more

3/30/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion Popular SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

2/20/2015 - Advertising Aereo Broadcasting Coca Cola Copyright False Advertising FDA FDCA Food Labeling Food Manufacturers Garcia v Google Google Intellectual Property Litigation Lanham Act Merck Music Industry NFL Nutritional Supplements Patent Trial and Appeal Board POM Wonderful POM Wonderful v Coca Cola Popular Redskins SiriusXM Standing Trademarks USPTO

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

4/24/2014 - Copyright False Advertising Infringement Lanham Act SCOTUS Standing Trademark Litigation Trademarks

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more

1/28/2014 - Copyright Do Not Track Fair Use False Advertising FDA Food Labeling GMO Google Google Books Johnny Football Keyword Advertising Kirtsaeng v. John Wiley & Sons Patents SCOTUS Trademarks

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