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Articles: 1-10 of 111

The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision

USA - November 1 2016 In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that…

New Questions Raised by Judge Rakoff: Misuse of the ® Symbol and Literal Falsity Examined

USA - October 28 2016 Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in…

Likelihood of “Initial Interest” Confusion Powers The University of Houston to Preliminary Injunction Win in Law School Name Battle

USA - October 27 2016 On June 22, 2016, the South Texas College of Law announced that it was changing its name to Houston College of Law. This seems like a natural choice…

Supplemental Registrations - Actually Worth a Hill of (Coffee) Beans

USA - October 24 2016 The potential defensive value of a registration on the Supplemental Register is highlighted in a recent opinion of the Trademark Trial and Appeal…

Naturally Misleading? Ninth Circuit Keeps “All Natural” Fruit Labeling Dispute Alive

USA - October 20 2016 Does a food label advertising a product as “all natural fruit” mislead consumers when that product contains artificial preservatives? That is the…

Trick or Tweet? Team Trump Gets Sued Over Skittles Twitter Pic

USA - October 20 2016 Life may not be bowl of cherries for Mr. Trump’s presidential campaign these days. It’s more like a bowl of Skittles, as that is exactly what landed…

A Diamond is Forever. What About Your Advertising Claim?

USA - October 4 2016 An advertising slogan like “A Diamond is Forever” may be eternal, but the same cannot be said about some comparative advertising claims. If a company…

The Slants Set To Rock at the U.S. Supreme Court

USA - October 3 2016 Simon Tam and The Slants now have a gig at the biggest judicial venue in the country: The U.S. Supreme Court. On September 29, 2016, the Court…

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

USA - September 29 2016 In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis…

In What Way is False Advertising False and Why it Makes a Difference

USA - September 27 2016 What is the difference between an advertisement that is literally false by necessary implication and one that is impliedly false? It may seem like a…