News & Analysis as of

Lanham Act Trademarks False Advertising

ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

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The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

Fish & Richardson

ITC Monthly Wrap-Up: November 2023

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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

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

McDermott Will & Emery

Personal Jurisdiction? Selling Products via Interactive Website Will Do It

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more

McDermott Will & Emery

False Advertising: Verifiably False Versus Subjective Opinion

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In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the...more

McDermott Will & Emery

Electra Powers Second Circuit’s False Endorsement Analysis

Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the...more

BakerHostetler

AD-ttorneys@law - April 2023 #2

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Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

BakerHostetler

AD-ttorneys@law - September 2022

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CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

McDermott Will & Emery

Veil Piercing Under Lanham Act Requires Specific Showing of Liability

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The US Court of Appeals for the Eleventh Circuit reversed a district court decision granting summary judgment of liability under the Lanham Act, finding that the plaintiffs failed to apply the correct standards for piercing...more

McDermott Will & Emery

No Harm, No Foul: No False Advertisement Where Trade Association Failed to Show Injury

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The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a home inspector association on a false advertising claim brought by a competitor, finding no evidence of injury...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

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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

Dorsey & Whitney LLP

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

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Survey evidence in Lanham Act cases can often times be pretty revealing. If you develop it correctly, survey evidence can be a key ingredient to a successful outcome. But if you develop it incorrectly it will show flaws that...more

Ervin Cohen & Jessup LLP

Proposed Grubhub False Advertising Settlement Challenged By Plaintiffs In Competing Lawsuit

A proposed class action settlement pending in the District Court of Colorado involving Grubhub, Inc. has been called into question by would-be intervenors from a similar action against Grubhub pending in the Northern District...more

McDermott Will & Emery

Initial Confusion? Relax, Eighth Circuit Has Your Number

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Addressing a novel issue regarding when confusion must occur for it to be actionable, the US Court of Appeals for the Eighth Circuit concluded that initial-interest confusion was a viable infringement theory. Select Comfort...more

Proskauer - Advertising Law

Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act Claims

The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act. In doing so, the Court held that...more

McDermott Will & Emery

Fairness Is the Limit for Asserting False Advertising Claims

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Addressing whether Lanham Act claims for false advertising or false association under § 43(a) (15 USC § 1125(a)) are subject to a statute of limitations, the US Court of Appeals for the Fourth Circuit concluded that the sole...more

Wiley Rein LLP

Insurer Has Duty to Defend Lanham Act “False Advertising” Claims Despite False Advertising and Trademark Exclusions

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The United States District Court for the Western District of Washington, applying Washington law, has held that exclusions for false advertising and trademark infringement in a media liability policy did not bar defense...more

Fox Rothschild LLP

Judge Andrews Grants Defendants’ Motion For Summary Judgment On Plaintiffs’ Claims Of False Advertising

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for...more

Sunstein LLP

3M Strikes Against N95 Mask Price Gouging

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3M Company is well known for its vigilant program of trademark protection, and that has been underscored during the pandemic. Most recently, 3M obtained a sweeping preliminary injunction in the Sothern District of New York...more

McDermott Will & Emery

Seventh Circuit Slaps Online Marketer with Default Judgment, Permanent Injunction

A unanimous panel of the US Court of Appeals for the Seventh Circuit upheld a default judgment and permanent injunction against an online marketer for trademark infringement, false advertising, dilution, unfair competition...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

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The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

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Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

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