We jest! Because, of course, Vandelay Industries – famed import/export company referenced by Seinfeld character George Costanza’s (and owned by the multi-talented “Art Vandelay”) -- is fictitious. But for actual...more
The District of New Jersey recently denied a defendant’s motion to dismiss a false advertising claim relating to advertising for its generic drug product. (G&W Laboratories, Inc. v. Laser Pharmaceuticals, LLC et al,...more
On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more
1/3/2018
/ Appeals ,
Constitutional Challenges ,
Corporate Branding ,
Counterfeiting ,
Customs and Border Protection ,
First Amendment ,
Free Speech ,
Lanham Act ,
Scandalous/Immoral Marks ,
Trademark Registration ,
Trademarks
The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods.
...more
The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more
11/2/2016
/ Appeals ,
Disparagement ,
Domain Names ,
Federal Trademark Register ,
gTLD ,
Lanham Act ,
Petition for Writ of Certiorari ,
Redskins ,
Sunrise Periods ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more
Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more
The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more
4/29/2014
/ Canada ,
Domain Names ,
False Advertising ,
gTLD ,
Lanham Act ,
Lexmark ,
Right of Publicity ,
SCOTUS ,
Standing ,
Sunrise Periods ,
Trademark Act ,
Trademarks