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Advertisers Beware: Falsely Advertising Products as “Patented” and “Proprietary” Can Violate the Lanham Act, Says the Federal...

On October 3, 2024, in Crocs v. Effervescent, the Federal Circuit ruled that falsely advertising that a product feature is patented can constitute a violation of the Lanham Act. All the way back in 2006, Crocs sued several...more

Dance, Fortnite, and the “Epic” Battle for Copyright Protection

On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games,...more

U.S. Brand Owners Have More Limited Options to Curb Foreign Infringement following Supreme Court’s Abitron Ruling

On June 29, 2023, the Supreme Court issued a much-anticipated trademark decision in Abitron Austria v. Hetronic International concerning the global reach of the Lanham Act. The Court determined that U.S. law does not extend...more

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