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Patents False Advertising Lanham Act

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

Fuerst Ittleman David & Joseph

Compounded GLP-1 Drugs: is the Party Over? These Are the Legal and Regulatory Issues for Game Changing Weight Loss Products and...

Author’s Note: This is an updated version of the post to our blog dated October 30, 2024. Later that day, FDA announced the resolution of Novo Nordisk’s semaglutide shortage, which altered the conclusion of our original post...more

Kilpatrick

Crocs Versus Dawgs: The Federal Circuit Holds That Falsely Stating a Product is "Patented" Can Lead to A False Advertising Claim

Kilpatrick on

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes...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

Pillsbury Winthrop Shaw Pittman LLP

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Rules False Patent Claims Can Trigger Lanham Act Liability

On October 3, in Crocs, Inc. v. Effervescent, Inc., the Federal Circuit held that a party who falsely alleges that its product is patented and innovative can be liable under the Lanham Act. Specifically, where “a party...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

Foley & Lardner LLP on

The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Patterson Belknap Webb & Tyler LLP

When Two Wrongs Make a Right: Ninth Circuit Holds Proof of Injury Not Required for Unclean Hands

Our parents and teachers taught us that “two wrongs don’t make a right.” But in the world of Lanham Act litigation, the opposite is often true. When defending a Lanham Act claim brought by a competitor, the doctrine of...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

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