Lesley Grossberg

Lesley Grossberg


Contact  |  View Bio  |  RSS

Latest Publications


In re Tam – Federal Circuit Orders En Banc Review of Trademark Act’s Ban Against Registration of Disparaging Marks

The Slants is a Portland-based band composed of musicians of Asian-American descent who characterize their genre as “Chinatown Dance Rock.” The band’s bassist, Simon Tam, filed a trademark application for THE SLANTS for...more

6/17/2015 - En Banc Review Entertainment Industry First Amendment Free Speech Lanham Act Music Industry Offensive Language Popular Slurs Trademark Act Trademark Registration Trademark Trial and Appeal Board Trademarks

Trademark “tacking” questions should go to a jury, SCOTUS rules

The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining whether Hana Bank’s original mark,...more

2/2/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

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

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 Industry 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

6 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.