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Lanham Act Preliminary Injunctions

McDermott Will & Emery

Hot Mess? Second Circuit Douses Injunction Based on Weak Mark

The US Court of Appeals for the Second Circuit reversed a district court’s grant of preliminary injunction for abuse of discretion based on an erroneous evaluation of the strength of the “inherently descriptive” marks at...more

McDermott Will & Emery

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

McDermott Will & Emery

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

Sunstein LLP

3M Strikes Against N95 Mask Price Gouging

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3M Company is well known for its vigilant program of trademark protection, and that has been underscored during the pandemic. Most recently, 3M obtained a sweeping preliminary injunction in the Sothern District of New York...more

McDermott Will & Emery

Light Beer Sweetener – Not So Sticky After All

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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

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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

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

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Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...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

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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

Dorsey & Whitney LLP

Context is King for the King of Beers: The “No Corn Syrup” Injunction Gets Sticky

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Anyone who saw the Special Delivery commercial during the Super Bowl is familiar with Bud Light’s “No Corn Syrup” campaign. The Special Delivery commercial made it pretty clear that Miller Light and Coors Light are brewed...more

Knobbe Martens

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

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The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more

Jackson Walker

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

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“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

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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

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Winter 2019

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York - Alibaba Group Holding Limited v....more

Proskauer - Advertising Law

SDNY Judge Not Sweet on Dannon’s Bid for a Preliminary Injunction

In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon’s application for a preliminary injunction in its false...more

McDermott Will & Emery

The Other Shoe Drops in Sneaker Trademark Case

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Addressing the evidentiary standard for irreparable harm in a Lanham Act case, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction preventing a sneaker company from...more

Foley & Lardner LLP

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

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On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Proskauer Rose LLP

Three Point Shot - August 2017

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Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

Proskauer Rose LLP

Three Point Shot - December 2016

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In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Proskauer Rose LLP

Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods

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Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more

Perkins Coie

Ninth Circuit Expands the Octane Fitness Attorneys’ Fee Standard to the Lanham Act

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Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover...more

Morrison & Foerster LLP - Class Dismissed

Chobani Suffers Setback in Greek Yogurt Wars

Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary injunction on January 29, 2016,...more

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