News & Analysis as of

Manufacturers Lanham Act

Troutman Pepper

ENDS Companies Take Legal Action Against Allegedly Noncompliant Competitors

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Recently, NJOY LLC filed a complaint in the U.S. District Court for the Central District of California against more than 30 foreign and domestic defendants that manufacture, market, distribute, and sell tobacco products in an...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

Patterson Belknap Webb & Tyler LLP

A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims

In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress infringement regarding Pocky, a chocolate covered cookie stick which Ezaki Glico...more

BakerHostetler

Wielding Trademark Rights to Fight COVID-19 Scams

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Trademark owners are wielding their intellectual property rights to stop COVID-19 scams and prevent the spread of misinformation about the ongoing pandemic. With the injunctive power of the Lanham Act, medical supply...more

BakerHostetler

AD-ttorneys@law – June 2020 #3

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Pablo Escobar Estate Sues Atlanta Restaurant - Eponymous eatery uses drug lord’s likeness to bump biz and sell swag - Strange Praise - You have to wonder about a restaurant that promises “tasteful ambience” but names itself...more

Troutman Pepper

Pioneer Drug Maker Throws First Punch At Pharmacy Outsourcing Facilities (503b)

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Azurity Pharmaceuticals, Inc. — a pioneer drug company that markets its FDA-approved oral vancomycin hydrochloride solution, FIRVANQ® — has sued Edge Pharma, LLC, an outsourcing facility operating pursuant to section 503B of...more

Proskauer - Advertising Law

District Court Judge Finds that Herbal Extract Manufacturer Fails to Capture the Essence of a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, Judge Katharine Hayden of the District of New Jersey held last month that an herbal extract manufacturer allegedly misled by its supplier into...more

Knobbe Martens

Aloha, Copyright Infringement

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On October 23, 2018, Rube P. Hoffman, a California textile manufacturer known for their Hawaiian prints and aloha shirts, filed a copyright infringement suit in the Central District of California against Zara USA, Inc., one...more

Jaburg Wilk

Born in the USA: When Can Products Be Marketed as “Made in the USA”?

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Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

Foley & Lardner LLP

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

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On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

McNees Wallace & Nurick LLC

Clarity on Manufacturer – Distributor Trademark Ownership in Third Circuit

On April 18, 2017, the Third Circuit issued an opinion in Covertech Fabricating, Inc. v. TVM Building Products, Inc., clarifying the test for determining trademark ownership between a manufacturer and distributor, where no...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

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Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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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

Foley & Lardner LLP

False Advertising Liability for Affiliate Marketing

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The proliferation of e-commerce websites along with the rise of social media, blogging, and online communities has greatly increased the importance of affiliate marketing. Affiliate marketing allows an affiliate to earn a...more

Dorsey & Whitney LLP

When Are Jeans Made In The U.S.A.?

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A little over 30 years ago, Bruce Springsteen unleashed “Born in the USA”–the rock anthem about disaffected Vietnam veterans struggling as they returned home. Today, clothing manufacturers and their resellers riffing on that...more

McDermott Will & Emery

Cleaning Up a Trademark Damage Mess - Georgia-Pacific Consumer Prods LP v. von Drehle Corp.

McDermott Will & Emery on

In one of three parallel actions for trademark infringement involving competing paper towel manufacturers, the U.S. Court of Appeals for the Fourth Circuit examined the appropriate remedies that may be granted under the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

Foley Hoag LLP - Trademark, Copyright &...

Advertiser Jumps the Gun With Brochure Touting Tests; Fifth Circuit Brushes Off First Amendment Challenge to Lanham Act Claims

Like claims for defamation or commercial disparagement, Lanham Act claims are viable only if they involve statements of fact, rather than opinion. But what happens if an advertising statement concerns an issue that is a...more

Dorsey & Whitney LLP

When Scientific Research Becomes False Advertising

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Positive results of scientific research on a company’s products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company’s...more

Proskauer - Advertising Law

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal...

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

Davis Wright Tremaine LLP

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

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