News & Analysis as of

Unfair or Deceptive Trade Practices Trademark Infringement

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

Greenberg Glusker LLP

[Webinar] Defending Truth in Advertising: Strategies for Combatting False Advertising and Trademark Claims - March 25th, 10:00 am...

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This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement. The...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

International Lawyers Network

Infringement of Trademark by Metatag and Keywords 

Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...more

Fenwick & West LLP

Tilbury Battles Beauty Dupes with Marketing Savvy—But IP Still Matters

Fenwick & West LLP on

Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing. Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefit’s Roller...more

Troutman Pepper Locke

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

Troutman Pepper Locke on

Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more

McDermott Will & Schulte

Clear Vision: Keyword Search Term Purchase Doesn’t Blur Trademark Lines

McDermott Will & Schulte on

Addressing the issue of trademark infringement based on the purchase of search advertising keywords, the US Court of Appeals for the Second Circuit joined the consensus view and upheld a district court decision finding that...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

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

Strategies for ITC Success: Insights from the Client Perspective

In a recent presentation featuring Uma Everett, Director at Sterne Kessler, and Dallin Glenn, General Counsel at BTL Industries, Inc., we discussed strategies for succeeding in an ITC investigation, focusing primarily on the...more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

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

[Webinar] Strategies for ITC Success: Insights from the Client Perspective - June 4th, 1:00 pm - 2:00 pm ET

Join us for our upcoming webinar, “Strategies for ITC Success: Insights from the Client Perspective,” on Tuesday, June 4, 2024, from 1:00 PM – 2:00 PM (EDT). Director Uma Everett will be joined by Dallin Glenn, General...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

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

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The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 8 - Spring 2022

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Weintraub Tobin

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Fox Rothschild LLP

Animal Rescue Groups May Proceed With Unfair Competition Claims

Fox Rothschild LLP on

An update from Jennifer Madaras, one of the firm’s summer associates: A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous defendants accused of...more

Ward and Smith, P.A.

Business Law Lessons from the Tiger King

Ward and Smith, P.A. on

[Spoiler alert – This article discusses events documented in the Netflix series and is based on the content of the shows.] - In this time of deep fear and heavy unrest about the novel coronavirus, COVID-19, the world has...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Foster Garvey PC

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

Foster Garvey PC on

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | February 2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

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In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...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

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