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1
SCOTUS To Decide Whether The Lanham Act Requires Proof Of Willfulness For Disgorgement Of Profits
In Romag, the plaintiff, a manufacturer of magnetic snap fasteners, sued Fossil and various retailers for, among other things, infringement of an unregistered trademark in violation of section 1125(a) of the Lanham Act based on their sale of merchandise that featured snaps bearing the Romag mark.
United States
11 Jul 2019
2
Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
Is it deceptive to label food products with the mark of the American Heart Association ("AHA") without disclosing that the AHA was paid for use of its certification mark?
United States
4 Jun 2019
3
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
4
District Court Filters Out Preempted "Spring Water" False Advertising Claim
Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA.
United States
12 Nov 2018
5
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
6
Update: Second Circuit Affirms Dismissal Of Lanham Act Claims Based On Allegedly False UL Certification
Last fall, we covered the Southern District of New York's dismissal of Board-Tech Electronic Company's Lanham Act false advertising claim.
United States
21 Jun 2018
7
Lanham Act Injunction Floored Where Social Media Criticisms Were Not "Commercial Advertising"
A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff's products over social media.
United States
22 May 2018
8
Justice (And Lunch) Is Served: Second Circuit Holds That Food Truck Branded With Ethnic Slurs Is Entitled To First Amendment Protection
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
United States
19 Jan 2018
9
Third Circuit Splits With The Seventh Over Standing To Sue For Alleged Inefficient Design Of Eye Drop Dispenser
In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated...
United States
7 Dec 2017
10
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
11
Court Says "Lights Out" On UL Certification Lanham Act Claim
Last week, a federal judge in Manhattan examined the intersection of false advertising and trademark infringement law in connection with the alleged misuse of a certification mark...
United States
7 Nov 2017
12
Tough Puffery: Court Closes Door On Ford False Advertising Suit
The Northern District of New York recently found that Ford Motor Company's "Built Ford Tough" slogan was non-actionable puffery, and dismissed putative false advertising class action claims...
United States
5 Sep 2017
13
Truffle Kerfuffle: Truffle Lawsuit Not On The Menu For Plaintiffs
Truffles are renowned as one of the rarest delicacies in the world.
United States
9 Aug 2017
14
#SocialMedia #Endorsement #Disclosures #Sponsored (notthispost): FTC Warns Social Media Influencers And Advertisers About Failure To Disclose Relationships
The letters explain how Instagram posts can meet the "clear and conspicuous" standard for disclosures, instructing influencers to make this disclosure above the "more" button on Instagram.
United States
8 May 2017
15
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
16
Fourth Circuit Tells District Court Not To Abstain In False Ad Holy War
At the heart of this unique Lanham Act case is a dispute between the Episcopal Church (the "Church") and one of its "disaffiliated" districts, the Diocese of South Carolina ("Diocese").
United States
24 Apr 2017
17
No Scrubs Permitted: Eleventh Circuit Affirms Blog Post Is Not Advertising Actionable Under Lanham Act
In an interesting recent opinion, the Eleventh Circuit held that a doctor's blog post criticizing another doctor and his clinical practice could not form the basis of a Lanham Act claim because the blog posts were not commercial advertising or promotion.
United States
31 Mar 2017
18
Supreme Court Finds Cheerleading Uniform Designs Copyrightable
The designs in question were primarily "combinations, positions, and arrangements of elements" that included stripes, chevrons, zigzags, and colorblocks.
United States
28 Mar 2017
19
FTC And DeVry University Settle False Advertising Claims For $100M
In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry's advertising about the employment rates and salaries of its graduates.
United States
9 Feb 2017
20
Update On Second Circuit Ruling In Church & Dwight v. SPD Swiss Precision Diagnostics "Weeks Estimator" Home Pregnancy Test Litigation
Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics...
United States
16 Dec 2016
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