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False Advertising Lanham Act Trade Secrets

ArentFox Schiff

Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal...

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Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more

Fish & Richardson

ITC Monthly Wrap-Up: November 2023

Fish & Richardson on

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

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The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim has its limits when it comes to interpreting ambiguous marketing claims.  In...more

Katten Muchin Rosenman LLP

'Fresh, Local, Quality' — How Unverifiable Opinions Evade False Advertising Claims | Kattison Avenue | Issue 8 - Spring 2022

For a consumer, the words "Fresh. Local. Quality." attached to a product might draw connotations of craft beer, artisan goods or farm-to-table restaurants. But could a competitor sue under the Lanham Act if those...more

McDermott Will & Emery

Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations

McDermott Will & Emery on

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Foley & Lardner LLP

Section 337 and the New Trump Administration: Your Top Ten Questions Answered

Foley & Lardner LLP on

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more

Orrick - Trade Secrets Group

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

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