Lawrence Weinstein

Lawrence Weinstein

Proskauer Rose LLP

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Tripping the Light Cran-tastic: Ocean Spray Washes Away Attempted Class Certification

Class certification in false advertising cases often fails due to problems with the class itself such as ascertainability. But what happens when a class action plaintiff admits she didn’t rely upon the purportedly deceptive...more

4/10/2015 - Advertising Class Action Class Certification False Advertising Food Labeling Ocean Spray

The Stakes in Your TTAB Opposition Proceeding Just Went Way Up: Trademark Trial and Appeal Board "Likelihood of Confusion"...

Yesterday the United States Supreme Court issued a landmark ruling in B&B Hardware, Inc. v. Hargis Industries, Inc. et al., case number 13-352, 575 U.S. ___ (2015), holding that likelihood of confusion determinations by the...more

3/26/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion Registration SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

It’s a Complete Red Haring: Court Dismisses Wide Ranging Art-Authentication Lawsuit against Keith Haring Foundation

Art is no stranger to great controversy, although the arbiters of art world disputes are usually critics and artists rather than federal judges. Nevertheless, in early March, Judge Denise Cote of the Southern District of New...more

3/19/2015 - Advertising Antitrust Investigations Defamation False Advertising Fine Art Lanham Act Popular

Cereal Killer: NAD Un-Sweetens Some of MOM’s Breakfast Cereal Claims

A recent National Advertising Division (“NAD”) decision serves as a reminder that comparative taste preference claims can quickly sour without methodologically sound substantiation. Taste-testers (and advertisers) should take...more

3/18/2015 - Advertising Food Manufacturers NAD

False Advertising Suit Concerning Department of Defense Standards Misfires

In a case that teaches important lessons about the burden of proving an advertisement false at trial, Judge Ronald Lew of the Central District of California held that Elkay Plastics Company was not liable for allegedly false...more

3/6/2015 - Advertising DOD False Advertising Procurement Guidelines Technical Standards

Nutritious and Judicious: Nutribullet Blender False Ad Claim Survives Attack from Ninjas and Phantom Reviewers

While courts may not officially be in the business of ghostbusting, a district court in California recently offered some support to a blender manufacturer apparently haunted by a phantom reviewer. The court found that...more

3/5/2015 - Advertising Corporate Counsel False Advertising Interstate Commerce Lanham Act Online Reviews

No Longer at Lager-Heads: Anheuser-Busch Settles Claim over Kirin Beer’s Origin

Early this year, Anheuser-Busch settled a class suit filed against it by two Miami residents who alleged that the company was deceptively advertising Kirin beer as imported from Japan, when in fact it is brewed in the United...more

3/4/2015 - Advertising Anheuser-Busch Beer Class Action Deceptive Intent False Advertising Japan Labeling Manufacturers

Made in the USA?: Suit Against Nordstorm Alleging Misleading Jeans Labels May Proceed

How much of a product has to be “Made in the USA” for a company to label it as such, and who gets to decide? Those questions are raised by an ongoing action lawsuit before a federal court in the Southern District of...more

2/4/2015 - Class Action False Advertising Fashion Industry Labeling Nordstrom Inc. Retailers

Supreme Court Told That TTAB Preclusion Raises Constitutional Concerns

As reported in our September 23 Client Alert, the Supreme Court is set to hear argument on December 2 on the issue of whether likelihood of confusion findings by the Trademark Trial and Appeal Board (TTAB) are entitled to...more

11/14/2014 - Claim Preclusion Lanham Act Likelihood of Confusion Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents SCOTUS

Don't Lose Your Trademark Through Careless Licensing

Trademark practitioners are well familiar with the requirement under U.S. law that trademark licenses must contain quality control provisions, and trademark licensors must actually exercise quality control in fact, to ensure...more

10/3/2014 - License Agreements Popular Quality Control Plan Trademark Litigation Trademarks

Amici Weigh in With SCOTUS on Likelihood of Confusion Determinations by the Trademark Trial and Appeal Board

As we reported in our July 2 client alert, the Supreme Court has granted a petition for certiorari seeking a determination of whether likelihood of confusion findings by the Trademark Trial and Appeal Board ("TTAB") are...more

9/24/2014 - SCOTUS Trademark Litigation Trademark Trial and Appeal Board Trademarks

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

8/29/2014 - Appeals Copyright Corporate Counsel eBay Injunctive Relief Irreparable Harm Lanham Act Patents Pharmaceutical Pharmaceutical Manufacturers Popular Trade Secrets

UPDATE: U.S. Supreme Court Will Decide What Preclusive Effect, If Any, Should Be Given to Likelihood of Confusion Findings by the...

As we reported in our May 29 client alert, the Solicitor General submitted an amicus brief recommending that the Supreme Court grant a petition for certiorari seeking a determination of whether likelihood of confusion...more

7/3/2014 - Certiorari Claim Preclusion Likelihood of Confusion SCOTUS Trademark Litigation Trademark Trial and Appeal Board Trademarks

Solicitor General Supports Cert in Case on Preclusive Effect of TTAB Likelihood of Confusion Findings

As we reported in our February 28 Client Alert, a petition for certiorari has been filed asking the Supreme Court to decide whether likelihood of confusion determinations by the Trademark Trial and Appeal Board ("TTAB") are...more

5/30/2014 - Trademark Litigation Trademark Trial and Appeal Board Trademarks

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to...more

3/26/2014 - False Advertising Lanham Act SCOTUS

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal...

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether...more

3/3/2014 - Certiorari Claim Preclusion Likelihood of Confusion Patent Trial and Appeal Board SCOTUS Trademark Trial and Appeal Board

Supreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court...

On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit...more

1/17/2014 - Attorney Generals CAFA Class Action Manufacturers Mississippi ex rel. Hood v. AU Optronics Removal SCOTUS

Second Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York

Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past...more

12/12/2013 - Class Action Jurisdiction Penalties Prior Express Consent Robocalling TCPA Telemarketing

Supreme Court Agrees to Hear Case on Standing in Lanham Act False Advertising Cases

On June 3, the U.S. Supreme Court granted the certiorari petition of Lexmark International Inc. ("Lexmark"). Lexmark sought cert to resolve a three-way split among the federal circuit courts regarding how to determine whether...more

6/13/2013 - Certiorari False Advertising Lanham Act Lexmark SCOTUS Split of Authority Standing

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

3/18/2013 - Competition False Advertising Lanham Act SCOTUS Split of Authority Standing

Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office

Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,...more

1/11/2013 - Patents Scams Trademarks USPTO

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