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Lanham Act

News & Analysis as of May 21, 2013

Employer’s Takeover of Former CEO’s LinkedIn Account Lawful Under CFAA

Bradley Arant Boult Cummings LLP

One Cross – Two Cross – Red Cross – Blue Cross: Trademark Development Traps

by Andrea Barach | Bradley Arant Boult Cummings LLP on 4/19/2013

Trademarks and service marks are valuable in all areas of commerce, and health care is not an exception. Providers of health care-related goods and services rely upon trademarks and service marks to identify the sources of...more

Winthrop & Weinstine, P.A.

You Owe Me One Hundred Million Dollars

by Brad Walz | Winthrop & Weinstine, P.A. on 4/5/2013

The threat of monetary damages in trademark infringement cases is something that is often asserted, but not necessarily a well understood concept. Some trademark owners mistake their federal trademark registration as a...more

Proskauer Rose LLP

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

by Brendan O'Rourke, Erika Stallings, Lawrence Weinstein | Proskauer Rose LLP on 3/18/2013

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

Loeb & Loeb LLP

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/14/2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

Loeb & Loeb LLP

Sustainability Claims Warrant Extra Caution

by Albert Cohen | Loeb & Loeb LLP on 3/12/2013

Originally published in the Los Angeles Daily Journal on February 28, 2013. National Public Radio recently ran a series on "sustainable" seafood claims which raised concern regarding the validity of certain...more

Foley Hoag LLP - Trademark, Copyright &...

WINTER . . . I MEAN PRINTER . . . IS COMING: Game of Thrones Alleges Copyright Infringement by 3D Printer IPhone Dock

by David Kluft | Foley Hoag LLP - Trademark, Copyright &... on 2/22/2013

The inner twelve-year old boy in me doesn’t know which is cooler: the throne made entirely from swords for HBO’s Game of Thrones series, or the fact that 3D printer technology can now replicate that throne in my home at the...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Jan 31, 2013

by Manatt, Phelps & Phillips, LLP on 2/1/2013

In This Issue: California’s “Best Practices” for Mobile Apps Draw Criticism from Ad Groups; FTC Settles First FCRA Suit Involving Mobile Apps; Sony Settles Suit with Actor from PlayStation Ads; Court: Twitter Terms Not a...more

Foley Hoag LLP - Trademark, Copyright &...

The APP STORE Trademark Wars: New Year’s Installment

by Sam Hudson | Foley Hoag LLP - Trademark, Copyright &... on 1/14/2013

Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more

Winthrop & Weinstine, P.A.

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

by Steve Baird | Winthrop & Weinstine, P.A. on 1/10/2013

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

Sedgwick LLP

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

by Sedgwick LLP on 12/3/2012

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

LXBN

Employer’s Takeover of Former CEO’s LinkedIn Account Lawful Under CFAA [Video]

by LXBN on 10/18/2012

Following up our LXBN Roundtable on the subject (http://bit.ly/TqYC36), I had the chance to speak with Mintz Levin’s Martha Zackin regarding Eagle v. Edcomm—the case where a departing CEO had her LinkedIn account taken over...more

Looper Reed & McGraw, P.C.

What rights do employers have over employees’ social media accounts in light of LinkedIn/CFAA ruling?

by Looper Reed & McGraw, P.C. on 10/15/2012

Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm....more

Dickinson Wright

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

by Dickinson Wright on 5/16/2012

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

Brooks Kushman P.C.

The State of Information Technology Law - 2011: Electronic Mail Regulation, False Advertising and Lanham Act/Standing

by Brooks Kushman P.C. on 7/25/2011

XXIV. ELECTRONIC MAIL REGULATION A. CASE LAW 1. U.S. District Courts a. Asis Internet Services v. Subscriberbase Inc. 2010 WL 1267763 The U.S. District Court for the Northern District of California...more

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