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A recall notice directed to “6 Hour” energy shots could constitute false advertising

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims

Credit rating agency scores low in trademark contest

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2011

Considering whether the federally registered trademark for credit scoring, “300-850” was invalid as merely descriptive, the U.S. Court of Appeals for the Eighth Circuit upheld a district court’s summary judgment that the mark was invalid and upheld a jury verdict concluding that the trademark registration was procured by fraud