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Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book Prices

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Missouri Court of Appeals Reverses and Renders Summary Judgment, Holding Insurer Not Liable For Indemnity Because TCPA Statutory...

Plaintiff insurance company appealed the trial court’s summary judgment order in favor of Defendants who had settled an underlying action involving the allegedly unsolicited transmission of more than 10,000 faxes in violation...more

Food Litigation Newsletter - November 2012

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. We welcome your comments. For a subscription to the electronic copy with links to...more

Posting Copyrighted Image Has Consequences

Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more

Intellectual Property Bulletin - Summer 2012

In This Bulletin: Final Patent Rules Provide Few Surprises; CFAA is Losing Ground as a Tool to Fight Trade Secret Misappropriation; Quick Updates: You Are Not Your IP Address; The Federal Circuit Addresses the Abstract...more

Mobile Marketing Class Action Litigation 2.0: Enterprising Plaintiffs’ Lawyers Assert Novel Class Claims Under the TCPA

Never let it be said that plaintiffs’ lawyers are not an enterprising lot. The old adage that you can’t get blood from a stone continues to apply, but not evidently to plaintiffs’ lawyers. They continue to push the envelope...more

IP Buzz - July 2012

In this issue: - New Additions - IP Legal News And Updates - Announcements And Reminders An excerpt from News and Updates section "Sole Ownership of a Color? Louboutin Loses Appeal in French Court in...more

IP Buzz - June 2012

In this issue: - Using Injunctions to Gain Market Share: What’s the Harm - Business Method Patents and September 16, 2012 - News:ICANN Reveals List Of New gTLD Applications - New Insurance Helps Small...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

Protecting Your Rights: New gTLD Applications

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a program to expand the Internet's domain name system by introducing new generic top-level domain names. The new gTLD application period...more

Copyright Owners Using DMCA To Take Down URLs

At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright...more

The Impending Domain Name Explosion: Why Brand Owners Must Pay Attention on "Reveal Day" June 13

After years of preparation and a decidedly rocky start to ICANN’s New gTLD Program due to a glitch in the gTLD application system, the applications are in, and ICANN will soon begin evaluating the TLD candidates. First,...more

Advertising News & Analysis - May 31, 2012

In this issue: - FDA Rejects “Corn Sugar” Rebranding for High - Fructose Corn Syrup - RealNetworks’ “Free Trial” Charges Result in $2.4 Million Washington AG Settlement - CFPB Launches Nonbank Supervision...more

Why You Should Care That .Com Can Be .Anything

Time to panic? The Internet is about to change dramatically. Ever since Al Gore invented the Internet (or so I’ve heard), users have relied on a limited number of top-level domains, or “TLDs.” A top-level domain is the...more

POM Wonderful: Advertising Claims Regarding Health Benefits of Pomegranate Juice and Supplement Found Deceptive

Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more

FTC Prevails In Case Against Pom Wonderful: Court Issues 20-Year Injunction Barring Unsubstantiated Health Claims

Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more

Advertising Law -- May 22, 2012: SPECIAL FOCUS: FTC Judge Rules POM Lacked Competent and Reliable Evidence for Health Benefit...

On May 21, 2012, the Federal Trade Commission announced that its Chief Administrative Law Judge ("ALJ") had issued a much anticipated ruling on the FTC’s administrative complaint against POM Wonderful, its sister corporation...more

Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are...

The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more

Spam, spam, wonderful spam by Jessica John Bowman

Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more

US Federal Trade Commission ruling that POM Wonderful Makes False Advertising Claims

Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more

POM Wonderful LLC, v. The Coca-Cola Company

Ninth Circuit Court of Appeals ruling in POM Wonderful LLC, v. The Coca-Cola Company

Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more

Health Law Alert: Walgreens Settles Gift Card False Claims Act Allegations

The United States Department of Justice announced recently that Walgreens had agreed to settle federal False Claims Act allegations arising out of a prescription gift card program. The $9.2 million settlement concluded an...more

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