News & Analysis as of

Lanham Act Retailers

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors in the New Year

The start of the new year is a pivotal time in the retail sector for re-evaluating marketing and brand protection. Unfortunately, competitors often devise innovative ways to capitalize on the marketing and sales efforts of...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

Sheppard Mullin Richter & Hampton LLP

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

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Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more

Goulston & Storrs PC

Stay in the Know: Recent Developments in Trademark Law

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Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - April 2019

California Readies for Statewide Extended Producer Responsibility for Pharma Waste - The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more

Manatt, Phelps & Phillips, LLP

Retailer Not Liable Under Lanham Act—This Time

A new decision from a Texas federal court sounds a cautionary note for retailers about the potential for liability based on claims made on items sold in their stores....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Goulston & Storrs PC

Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends

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A federal district court in Manhattan recently handed down a telling decision addressing an issue at the fore of digital advertising — whether trademark law prohibits an organization from purchasing a competitor’s trademark...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 15

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Perkins Coie

New Filings – January 19,2018

Perkins Coie on

Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant...more

Perkins Coie

New Filings – January 10, 2018

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Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with...more

Proskauer Rose LLP

Three Point Shot - December 2017

Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2015 #4

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

McDermott Will & Emery

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

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TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Morrison & Foerster LLP

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

In This Issue: - Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents? - Mandatory “Made-In” Labeling in the EU - A New Dawn for California Class Actions - Recent...more

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