News & Analysis as of

Lanham Act Evidence

Dorsey & Whitney LLP

Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

Dorsey & Whitney LLP on

There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more

Proskauer - Advertising Law

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous...more

Snell & Wilmer

The Truth Is in the Syrup: Bud Light Ordered to Remove ‘No Corn Syrup’ from Packaging in False Advertising Battle

Snell & Wilmer on

The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more

Jackson Walker

A King, a Knight, and a Wizard Walk Into the Bar: A Tale of False Advertising Under the Lanham Act

Jackson Walker on

“During Super Bowl LIII, defendant Anheuser-Busch Companies, LLC, launched an advertising campaign highlighting plaintiff MillerCoors, LLC’s use of corn syrup in brewing Miller Lite and Coors Light. . . .” MillerCoors, LLC v....more

Mintz - Trademark & Copyright Viewpoints

Brewery Defeats Trademark Opposition by Conservative Public Figure Phyllis Schlafly

Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products...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

Kelley Drye & Warren LLP

Tenth Circuit Rules that False Advertising Plaintiffs Must Alleged Evidence of Implied Falsity and Quantify Damages at Pleading...

In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham Act...more

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