News & Analysis as of September 21, 2024

Trademarks › False Association

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/16/2024

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

MarkIt to Market® - January 2023: Here It Goes Again: OK Go’s Recent Trademark Dispute Over…Cereal?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/1/2023

In 2006, rock band OK Go released a music video for their song “Here It Goes Again,” which featured the band members running back and forth on four treadmills set up side-by-side in what looks like an unfinished basement. The...more

MarkIt to Market® - January 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/31/2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

TTAB Judicial Appointments are Determined Constitutionally Sound

McDermott Will & Emery on 9/16/2021

Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the...more

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

Proskauer - Advertising Law on 3/5/2021

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

COVID-19 Client Primer | Trademarks and Price Gouging

Shook, Hardy & Bacon L.L.P. on 5/18/2020

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of...more

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

Knobbe Martens on 11/8/2017

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more

FLANAX: Protecting Foreign Marks from US Unfair Competition Under Section 43(a)

Akerman LLP - Marks, Works & Secrets on 4/18/2016

In today’s increasingly global economy, trademark owners are more frequently butting up against the territorial limitations of trademark law. It has long been a matter of black letter law that trademark rights are...more

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

Proskauer - Advertising Law on 4/1/2016

Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

Trademark Review | December 2015

Knobbe Martens on 12/29/2015

MARATHON MONDAY does not Uniquely Identify the Boston Marathon - Boston Athletic Association (BAA) operates the annual Boston Marathon which has taken place on the third Monday in April every year for the past 117 years....more

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Trademarks › False Association

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