Trademarks, Unfair or Deceptive Trade Practices

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

Dorsey & Whitney LLP on 7/29/2024

Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on 5/31/2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

McGlinchey Stafford on 5/15/2024

On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more

ITC Monthly Wrap-Up: November 2023

Fish & Richardson on 12/4/2023

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more

MarkIt to Market® - September 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/29/2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Powering-down Use of Registered Trademarks in Comparative Advertising

Stikeman Elliott LLP on 8/15/2023

Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”....more

MarkIt to Market® - July 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/1/2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

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

Foley & Lardner LLP on 7/13/2023

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

AD-ttorneys@law - April 2023 #2

BakerHostetler on 4/21/2023

Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more

Where's the Whisky? A Cautionary Tale for Brand Extensions

Davis Wright Tremaine LLP on 4/17/2023

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

A fine line: Green branding or greenwashing?

Smart & Biggar on 4/13/2023

Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more

Federal Appeals Court Rules on Franchisor’s Power to Impose Changes on Franchise System

Foley & Lardner LLP on 11/2/2022

The Eleventh Circuit Court of Appeals recently issued an opinion concerning a dispute over a franchisor’s effort to mandate changes to a franchisee’s operations. The Court granted the franchisor a mixed result. The decision...more

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/31/2022

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

MarkIt to Market® - October 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/28/2022

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

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

McDermott Will & Emery on 8/4/2022

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on 10/1/2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on 10/1/2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Controlling Online Distribution Leakage By Unauthorized Sellers

Tarter Krinsky & Drogin LLP on 4/13/2021

One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more

COVID-19 Client Primer | Trademarks and Price Gouging

Shook, Hardy & Bacon L.L.P. on 5/18/2020

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of...more

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

Akerman LLP - Marks, Works & Secrets on 3/16/2020

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

Pixel Perfect: The Legal Implications of Virtual Influencers and Supermodels

Robins Kaplan LLP on 7/1/2019

Is traditional advertising dying in the Digital Era? Not only is offline marketing facing a slow death (goodbye, classifieds!), but companies are realizing that traditional online advertising may be losing its power....more

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

Foster Garvey PC on 5/4/2018

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark...more

Food & Beverage Litigation Update | February 2018

Shook, Hardy & Bacon L.L.P. on 2/5/2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

AD-ttorneys@law

BakerHostetler on 12/20/2017

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

Shook, Hardy & Bacon L.L.P. on 8/24/2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Trademarks › Unfair or Deceptive Trade Practices

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