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Trademarks › Misrepresentation

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

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The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

Lathrop GPM

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

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A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

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As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

Vondran Legal

Proper grounds to cancel another companies trademark

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In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Bradley Arant Boult Cummings LLP

LADR Case Notes (August 2022-October 2022) and FLJ Currents (Winter 2023)

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A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris...more

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

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Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

Kilpatrick

5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act

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Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act."...more

Kilpatrick

5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance

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Kilpatrick Townsend Partner Ted Davis recently spoke at the New York Intellectual Property Association. He discussed "Combatting Misrepresentations in the Trademark Prosecution and Maintenance" during the Hot Topics in...more

Dorsey & Whitney LLP

Coca-Cola - “Thums Down” on Evidence of Damages in Misrepresentation of Source in Cancellation Proceeding with Unresolved...

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We reported here last summer the outcome of Coca-Cola Company’s petitions to cancel the registrations for the above-captioned marks owned by Meenaxi Enterprise, Inc. Meenaxi appealed the TTAB’s decision to cancel the...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

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In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Kilpatrick

[Webinar] Combatting Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond -...

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The Trademark Modernization Act, many aspects of which went into effect December 27, 2021, implemented numerous changes to United States trademark practice, including codification of letters of protest, changes to the...more

Weintraub Tobin

Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League

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Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc.. The league’s win resolves the league’s...more

Dorsey & Whitney LLP

Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

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Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products...more

International Cannabis Bar Association...

[Webinar] INCBA @ Berkeley Law: The Path to Appellations (Streaming Only Event) - April 2nd, 4:00 pm - 10:00 pm PT

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We are excited to announce a groundbreaking program scheduled for April 2, 2020: The Path to Cannabis Appellations. The Cannabis Industry Club at the Hass School of Business and the Cannabis Law Society at the Berkeley...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

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Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #2

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China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Dorsey & Whitney LLP

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

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In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...more

Jones Day

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

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August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...more

Foley Hoag LLP - Trademark, Copyright &...

Flummoxed By FLANAX: TTAB Cancels Trademark Registration Based On Misrepresentation As To Source Despite No Use In U.S. By...

Foley Hoag LLP - Trademark, Copyright &... on

In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more

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