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Supreme Court Inks Uniform Standing Test for Lanham Act False Advertising Claims

Key Takeaways - - The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split. - The new standing test...more

Will A New Wave Of Class Actions Spring From Patent Infringement Litigation?

It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the...more

Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim

A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. § 1125(d)(1)(A)) is proof that the defendant acted with "bad faith intent to profit from that mark." As bad faith...more

Innocent Bystanders of Cybersquatting: Neutral Domain Name Registrars - Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc.

Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of...more

IP Buzz - December 2013

In this issue: - "Patent Troll" Reform Bills Moving Through Congress - California Court Continues Ascertainability Trend, Denies Class Certification in Chipotle "Naturally Raised" Litigation -...more

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

Germany: Act against Improper Business Practices in force

The Act against Improper Business Practices (“the Act”), passed by the German legislator, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains...more

Louis Vuitton - Almost Famous? (Australia)

The Federal Court recently handed down judgment in Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933. Louis Vuitton Malletier (Louis Vuitton) alleged that Sonya Valentine Pty Ltd (Sonya Valentine) had...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

Obama Administration and Congress Taking Aim at Patent Enforcement Tactics

The subject of patent assertion entities ("patent trolls") has received a lot of attention in recent weeks. The federal government is now taking action on numerous measures to combat the persistence of these patent trolls....more

A Troll Backs Off

The constant drum beat of bad news for patent trolls appears to be having an effect – one of the most notorious trolls is now backing off. ...more

Bloomberg Law: Actavis Court Requires Case-by-Case Analysis of Anticompetitive Effects of Reverse-Payment Settlements

This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements. ...more

Supreme Court to Decide Lanham Act False Advertising Standing Next Term

The Supreme Court announced yesterday that next term it will consider what is required to establish standing to sue for false advertising under Section 43(a)(1)(B) of the Lanham Act, an issue that has long clouded the case...more

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more

Devere Group GMBH v. Opinion Corp. et al.

Order Dismissing Trademark Claim Against PissedConsumer.com for Failure to State a Claim

Order dismissing, for failure to state a claim under Fed. R. Civ. P. 12(b)(6), defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230....more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Order on Motion to Dismiss

Per blogger and law professor Eric Goldman: "You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those...more

Ascentive, LLC v. Opinion Corp.

Brief in Opposition to Plaintiff Ascentive's Motion to Dismiss its Own Complaint

In light of the December 16, 2011 Opinion and Order in this case denying plaintiffs' motion for a preliminary injunction -- on the ground that they had failed to show a likelihood of success on the merits -- one of the...more

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

Falcon Stainless, Inc. v. Rino Companies, Inc.

Order Granting Defendants' Post-Trial Motions For Judgment As a Matter of Law

After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding no likelihood of...more

Ballard v. St. Albans Congregational Church

Defendant's Reply on its Motion to Dismiss Complaint

This Reply was filed in conjunction with a motion to dismiss a pro se complaint alleging trademark infringement and violation of the model "Truth in Music" statute that's been enacted in a majority of states. What makes the...more

Designer Skin, LLC v. S & L Vitamins, Inc.

Reporter's Transcript of Proceedings (Jury Trial - Day 2 - Pages 238 - 404) Before the Honorable James A. Teilborg

Day two of the trial. This starts out with the granting of our motion to quash a subpoena directed at a principal of S&L served, defectively, the night before, and includes the argument seeking the striking of the testimony...more

Designer Skin, LLC v. S & L Vitamins, Inc.

Reporter's Transcript of Proceedings (Jury Trial - Day 1 - Pages 1 - 237) Before the Honorable James A. Teilborg

The trial of what remained of the matter following the dismissal of much of plaintiff's case on summary judgment....more

Designer Skin, LLC v. S & L Vitamins, Inc.

Order denying motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6)

This denial in full of our motion to dismiss is rather difficult to reconcile with the Court's later rulings, but here it is....more

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