News & Analysis as of

Lanham Act Beverage Manufacturers

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Akerman LLP - Marks, Works & Secrets

Certiorari Granted to Jack Daniel’s with Respect to Parody Dog Toy: Does Anyone Here Have a Sense of Humor, and Does it Matter?

On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of...more

Knobbe Martens

Proving Reputational Injury Without Use of the Marks in the United States

Knobbe Martens on

MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY - Before Dyk, Reyna, and Stoll.  Appeal from the Trademark Trial and Appeal Board. Summary: To maintain a statutory cause of action under the Lanham Act for activities...more

McDermott Will & Emery

Trademark Claim for Profit Damages Means No Jury Trial

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam...more

McDermott Will & Emery

Light Beer Sweetener – Not So Sticky After All

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit held that a brewing company’s statements that a competitor’s beers were made with corn syrup were not false and misleading under the Lanham Act because the competitor listed...more

ArentFox Schiff

A Case of Beer: Seventh Circuit Decides Ad Dispute Between Anheuser-Busch and Molson Coors

ArentFox Schiff on

The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of...more

Proskauer - Advertising Law

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous...more

Snell & Wilmer

The Truth Is in the Syrup: Bud Light Ordered to Remove ‘No Corn Syrup’ from Packaging in False Advertising Battle

Snell & Wilmer on

The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more

Jackson Walker

A King, a Knight, and a Wizard Walk Into the Bar: A Tale of False Advertising Under the Lanham Act

Jackson Walker on

“During Super Bowl LIII, defendant Anheuser-Busch Companies, LLC, launched an advertising campaign highlighting plaintiff MillerCoors, LLC’s use of corn syrup in brewing Miller Lite and Coors Light. . . .” MillerCoors, LLC v....more

Lowndes

Beer Giants Battle Over Comparative Advertisements

Lowndes on

Recently, MillerCoors, LLC filed a lawsuit against Anheuser-Busch Companies, LLC for false advertising on one of the world’s largest stages, Super Bowl LIII....more

Bilzin Sumberg

MillerCoors Turns to Lanham Act to Nip Rival’s Ads in the “Bud”

Bilzin Sumberg on

MillerCoors is suing Bud Light for its unlike-them-we-don’t-use-corn-syrup campaign. Hitting back, MillerCoors filed a lawsuit against Anhauser-Busch last Thursday, asking a federal court to immediately end Bud Light’s...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Webinar on Genome Editing in Animals - The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about “genome editing in animals, an...more

Proskauer - Advertising Law

Eleventh Circuit Works Out Preclusion and Preemption Issues in Protein Powder Dispute

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for alleged violations of the Lanham Act and Georgia’s Uniform Deceptive Trade...more

Proskauer - Advertising Law

District Court Filters Out Preempted “Spring Water” False Advertising Claim

Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA. Flowing from that decision is the...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in US Courts: Spring 2018

Global Injunction Against Trademark Infringement Upheld Because Both Parties Were US Companies, Confusion in EU Would Be Felt in the US, and Defendant’s EU Trademark Had Not Yet Issued....more

Cozen O'Connor

POM Wonderful LLC v. Coca Cola Co.: legal battle nearly over, but industry litigation landscape forever changed…

Cozen O'Connor on

On March 18, 2016, Pom Wonderful LLC made closing arguments in its trial against Coca-Cola for the alleged misleading marketing of a pomegranate-blueberry juice which contained only trace amounts of either pomegranate or...more

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