Lesley Grossberg

Lesley Grossberg

BakerHostetler

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Trademark Trends: Back-to-Back Arguments in Trademark Cases at SCOTUS

The Supreme Court heard oral argument in trademark cases on consecutive days this month. On December 2, 2014, the issue of whether a finding by the Trademark Trial and Appeal Board (TTAB) of likelihood of confusion precludes...more

12/22/2014 - B&B Hardware v Hargis Industries Hana Financial v Hana Bank Likelihood of Confusion Oral Argument Popular SCOTUS Tacking Trademark Infringement Trademark Litigation Trademark Trial and Appeal Board Trademarks

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or...more

10/22/2014 - Authors Guild Broadcasting Copyright Copyright Infringement Databases Fair Use Fox Television Stations HathiTrust Radio Stations Television Programming Television Service Providers Transformativeness TVEyes

Third Circuit Rejects Presumption of Irreparable Harm in Lanham Act Cases

The Third Circuit ruled in Ferring Pharmaceuticals v. Watson Pharmaceuticals on August 26 that “a party seeking a preliminary injunction in a Lanham Act case is not entitled to a presumption of irreparable harm but rather is...more

9/24/2014 - Injunctions Irreparable Harm Lanham Act Pharmaceutical Rebuttable Presumptions

Lanham Act Claims for Misleading Product Description Can Coexist with FDCA Labeling Regulations, Court Find

A unanimous Supreme Court (8-0, Justice Breyer recusing) ruled on June 12, 2014 in POM Wonderful v. Coca-Cola that one competitor may sue another for unfair competition under the Lanham Act for allegedly false or misleading...more

6/17/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

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