News & Analysis as of

Unfair Competition Unfair or Deceptive Trade Practices Trademarks

McDermott Will & Schulte

RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction

The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide...more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

Seyfarth Shaw LLP on

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

McDermott Will & Schulte

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

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 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

Jones Day

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

Jones Day on

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

Sheppard Mullin Richter & Hampton LLP

Improper Use of Commercial Signs — Proposed Revisions to Article 5 of the PRC Anti-Unfair Competition Law

On February 25, 2016, The State Counsel Legislative Affairs Office (“SCLAO”) released a draft amendment (“Draft Amendment”) of the PRC Anti-Unfair Competition Law (“AUCL”) for comment by industry and other stakeholders. ...more

Womble Bond Dickinson

EPIC Battle Launched Between Flooring Companies Over Trademark Infringement

Womble Bond Dickinson on

On August 21, 2014, Shaw Industries Group, Inc. (“Shaw”), a Georgia corporation, and Columbia Insurance Company (“Columbia”), a Nebraska corporation, brought a trademark infringement action against Carlisle Wide Plank Floors...more

Womble Bond Dickinson

AcryliCon Accuses Silikal Of Trademark Infringement and Misappropriation of Trade Secrets

Womble Bond Dickinson on

On April 10, 2014, AcryliCon USA, LLC, (“AcryliCon” or “Plaintiff”) filed a complaint against Silikal GmbH & Co. and Silikal Industries GmbH, (“Silikal”), Hubert Weimann, and Harold Schmidt (collectively, “Defendants”)...more

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