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Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

Harris Beach Murtha PLLC on

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

Proskauer - Advertising Law on

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

Kelley Drye & Warren LLP

Court Suggests Companies Can Be Liable as Soon as Claims Become Stale

Kelley Drye & Warren LLP on

It’s a common question. A company creates a product with a competitive advantage; it takes steps to substantiate a superiority claim; and, satisfied that it has met the legal standard, it bases an advertising campaign on that...more

Morrison & Foerster LLP - Class Dismissed

Summary Judgment Granted: Recruiting Text Not Telemarketing or Advertisement Under TCPA

Morrison & Foerster LLP - Class Dismissed on

A recent TCPA decision granting defendant’s motion for summary judgment presents interesting issues regarding the definitions of “advertisement” and “telemarketing” and the scope of consent. In Payton v. Kale Realty, LLC,...more

Seyfarth Shaw LLP

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

Seyfarth Shaw LLP on

Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

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