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Intellectual Property Protection Patent Infringement Advertising

Sunstein LLP

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

Sunstein LLP on

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

Jones Day

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

Jones Day on

The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging...more

Irwin IP LLP

Paws vs. Jaws: Dawgs Take on Crocs in The Federal Circuit

Irwin IP LLP on

Crocs, Inc. v. Effervescent, Inc., No. 1:06-cv-00605 (Fed. Cir. October 3, 2024) - On October 3, 2024, the Federal Circuit held that a party may be liable for false advertising violations under Section 43(a)(1)(B) of the...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Fenwick & West LLP on

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

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