News & Analysis as of

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

Victoria’s Secret Defends Dream Angels?

How important is the DREAM ANGELS brand to Victoria’s Secret? Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a line of personal...more

Trader Joe’s vs. Pirate Joe’s Update

The very popular US grocery retailer Trader Joe’s has a following among Canadian consumers. Capitalizing on this popularity north of the border, a Vancouver entrepreneur has made it his business to buy genuine Trader...more

Single Color Trademark Developments

Over the past five years, we have spilled a lot of black digital ink discussing trademark ownership of single colors. Color continues to be an important aspect of branding and differentiation in a variety of markets,...more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Supreme Court Loads Up IP Docket

Over the past two months, the U.S. Supreme Court has agreed to hear five cases that will have a significant impact on intellectual property law. Three of the cases involve issues of patent law, one involves copyright, and...more

Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government...more

Show you[']r[e] what?! It’s a battle of the breeches

“Yes!” I exclaimed as I scrolled through my Facebook feed two days ago, “Perfect timing! I’ll get to follow-up on Brent Lorentz’s ‘You’ve gotta be shipping me!!’ DuetsBlog post from earlier this year....more

Google’s Latest Trademark Bugaboo?

Fame tends to attract attention, and imitation, especially unwanted imitation from, well, even pests. The Google trademark appears to have obtained such a high degree of fame that no third party can include the word “Google”...more

Trademark Litigators Should Take Care in Alleging "Use of Mark in Commerce" – The Split Between the Second and Sixth Circuits

The Second Circuit recently announced a split with the Sixth Circuit regarding the pleading requirements for trademark infringement under the Lanham Act, 15 U.S.C. §§ 1114, 1125. See Brown v. Harpo et al., 717 F.3d 295 (2d...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

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

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 13, 2013

Kelley-Brown v. Winfrey, U.S.C.A., Second Circuit, May 31, 2013 - Second Circuit reverses dismissal of trademark infringement action against Oprah Winfrey, her production company, and other defendants, finding that...more

Trademark Your Brand! Kroma Knocks Out Khroma Beauty by Kourtney, Kim and Khloe

If you are keeping up with the Kardashians, you know that Kim, Kourtney and Khloe Kardashian command not only a broad media presence but also an empire of clothing, perfume, shoes, diet and exercise, and cosmetics brands. ...more

May 2013: Sports Litigation Update - Is “Redskins” a Disparaging Word or a Famous Mark That Honors Native Americans?

A recent hearing before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office provides guidance as to the interpretation, reach, and application of Section 2(a) of the Lanham Act, 15 U.S.C. §...more

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

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

You Owe Me One Hundred Million Dollars

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

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

Recent Developments In Information Technology Law - First Quarter 2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Advertising Law -- Jan 31, 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

Court Finds No Business In This Show Business Trademark Dispute

It is a basic principle of trademark law that a mark can only be assigned with the goodwill of the business to which the mark relates, for the good reason that the mark is in fact inseparable from the business. But what kind...more

The APP STORE Trademark Wars: New Year’s Installment

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

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

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

Red Solo Cup Inspiration?

Marketing types, it may well be obvious to some, but it is always important to consider the source of inspiration for the branding and marketing of the products and services you promote....more

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