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Jones Day

INFORMATIVE: Acting Director Rescinds Institution Where Claims Held Invalid in District Court Case

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On August 22, 2024, Hulu, LLC (“Hulu”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,463,768 (“the ’768 Patent”), assigned to Piranha Media Distribution, LLC (“Piranha”). The ’768 Patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

McDermott Will & Schulte

Agreement to One Is Not Consent to All

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Addressing a myriad of issues involving unauthorized use of professional models’ photographs for gentlemen’s clubs’ promotional materials, the US Court of Appeals for the Second Circuit held that the district court erred in...more

Proskauer - Advertising Law

Split Ninth Circuit Panel Vacates $24M Judgment in Hospital Gown Advertising Class Action

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A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more

Proskauer - Advertising Law

Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad

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Last month, a Fifth Circuit panel vacated in part a judgment in a false advertising case that disgorged the defendant’s profits, awarded corrective advertising damages under the Lanham Act and enjoined the disputed claims....more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

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A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

Robinson+Cole Health Law Diagnosis

Federal Judge Vacates Final Rule on Drug Pricing Transparency in Consumer Advertising

Robinson+Cole Health Law Diagnosis on

In a Memorandum Opinion, Judge Amit P. Mehta, of the U.S. District Court for the District of Columbia, vacated a U.S. Department of Health and Human Services (HHS) Final Rule, just days before its July 9 effective date. The...more

Knobbe Martens

Omaha Steaks International v. Greater Omaha Packing Co.

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Federal Circuit Summary - Before Prost, O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: Advertising costs and sales figures are relevant in determining whether a trademark is famous and,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #3

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LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more

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