News & Analysis as of

Misappropriation Trade Dress

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

McDermott Will & Emery on

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

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Foley & Lardner LLP

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

Foley & Lardner LLP on

Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more

Fish & Richardson

Sufficiency of ITC Complaint Established By Commission Institution

Fish & Richardson on

The recent Federal Circuit opinion in Laerdal Medical Corp. v. International Trade Commission may have an effect on the ITC’s pre-filing and pre-institution procedures in connection with section 337 complaints....more

McDermott Will & Emery

Boat Company’s Trade Dress, Trade Secrets Claims Spring a Leak

McDermott Will & Emery on

Addressing a fishing boat company’s claim for trade dress infringement and misappropriation of trade secrets, the US Court of Appeals for the 11th Circuit affirmed a grant of summary judgment for the defendant, a rival...more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

Jones Day

Default Determination Highlights The Importance Of Alleging Every Element

Jones Day on

A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

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