Trademarks, Advertising, Lanham Act

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on 2/8/2024

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on 1/22/2024

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

MarkIt to Market® - July 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/1/2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

MarkIt to Market® - June 2023: How to Lose a Mark in 3 Ways – Part 1

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/5/2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found...more

MarkIt to Market® - June 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/30/2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

AD-ttorneys@law - April 2023 #2

BakerHostetler on 4/21/2023

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

AD-ttorneys@law - September 2022

BakerHostetler on 9/2/2022

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

Agreement to One Is Not Consent to All

McDermott Will & Emery on 2/25/2021

Addressing a myriad of issues involving unauthorized use of professional models’ photographs for gentlemen’s clubs’ promotional materials, the US Court of Appeals for the Second Circuit held that the district court erred in...more

Down the Hatch: Jägermeister Douses Impaired Survey Evidence in Trademark Victory

Dorsey & Whitney LLP on 2/9/2021

Jägermeister: it’s no longer for “pukey frat guys.” Or, at least according to Jägermeister’s recent adversary, that was the sordid reputation Jägermeister wanted to shed in a PR blitz launched in 2016....more

Can Product Reviews Be Subject To Lanham Act Liability?

Ervin Cohen & Jessup LLP on 2/3/2021

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

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

Wiley Rein LLP on 10/20/2020

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

Kattison Avenue | Issue 3 - Summer 2020

Katten Muchin Rosenman LLP on 8/5/2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Redskins Changing Team Name/Logo

Fox Rothschild LLP on 7/15/2020

As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more

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

Fox Rothschild LLP on 7/15/2020

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

Kattison Avenue | Issue 1 - Fall 2019

Katten Muchin Rosenman LLP on 10/30/2019

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Infringer Need Not Have “Affixed” the Mark to Goods to Be Found Liable

McDermott Will & Emery on 6/6/2019

Applying generally accepted principles of trademark law, the US Court of Appeals for the Federal Circuit found that using a competitor’s trademarks in marketing materials to promote competing products constitutes trademark...more

IN RE: SINY CORP.

Knobbe Martens on 4/15/2019

Before Prost, Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may...more

Honey Badger Makes Headlines in Ninth Circuit

Manatt, Phelps & Phillips, LLP on 12/17/2018

The honey badger is having another round of fame, thanks to a new Lanham Act opinion from the U.S. Court of Appeals, Ninth Circuit. In January 2011, Christopher Gordon posted a video on YouTube titled “The Crazy Nastyass...more

Can Ear Plugs Tune Out Color? Bright Green Color For Ear Plugs Not Functional

Knobbe Martens on 6/22/2018

Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...more

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/14/2018

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

AD-ttorneys@law

BakerHostetler on 12/20/2017

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

Advertising Law - July 2017 #3

Manatt, Phelps & Phillips, LLP on 7/24/2017

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more

Advertising Law - February 2017

Manatt, Phelps & Phillips, LLP on 2/6/2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on 12/16/2016

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

California District Court Puts Baby In A Corner

Ladas & Parry LLP on 6/6/2016

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

Trademarks › Advertising › Lanham Act

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