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Lanham Act › Summary Judgment › Advertising

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

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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

Carlton Fields

Sixth Circuit Finds Lanham Act False Advertising Claim Not a Personal and Advertising Injury Under General Liability Policy

Carlton Fields on

On June 1, 2023, the Sixth Circuit Court of Appeals found that a Lanham Act false advertising lawsuit was not covered under the “personal and advertising injury” coverage section of a commercial general liability (CGL) policy...more

McDermott Will & Emery

Infringer Need Not Have “Affixed” the Mark to Goods to Be Found Liable

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Applying generally accepted principles of trademark law, the US Court of Appeals for the Federal Circuit found that using a competitor’s trademarks in marketing materials to promote competing products constitutes trademark...more

Knobbe Martens

Can Ear Plugs Tune Out Color? Bright Green Color For Ear Plugs Not Functional

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Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products.  Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...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

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