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Parks’ Allegations Against “Finest” Franks Not In the “Ball Park” of False Advertising Claims
  • Proskauer Rose LLP
  • USA
  • June 1 2016

On May 10, 2016, Judge Joseph F. Leeson, Jr. Of the Eastern District of Pennsylvania granted summary judgment on false advertising and trademark

Tyson Foods Knocks It Out of the Park in Lanham Act Dispute over Hot Dogs
  • Dorsey & Whitney LLP
  • USA
  • May 23 2016

Baseball parks and hot dogs are staples of Americana. So, it is no surprise that both were recently on display in a Lanham Act dispute in the U.S

Eastern District of Pennsylvania follows Ninth Circuit's landmark network automation keyword advertising decision
  • Arent Fox LLP
  • USA
  • November 1 2012

The Eastern District of Pennsylvania recently adopted the Ninth Circuit’s landmark Network Automation decision, which makes it far more difficult for plaintiffs to prevail on trademark infringement or unfair competition claims stemming from the purchase of a competitor’s trademarks for keyword advertising

No trademark infringement in adwords campaign
  • McDaniel & Park PC
  • USA
  • November 1 2012

Google AdWords advertisements that use a competitor’s trademarked name as keywords are not necessarily an infringement of the mark much to the consternation of the companies that own established trademarks.

Candy makers spar over packaging
  • Shook Hardy & Bacon LLP
  • USA
  • December 10 2010

Hershey Company has reportedly sued Mars for trademark infringement in a Pennsylvania federal court, alleging that colors used in the packaging for Mars's Dove peanut-butter milk-chocolate Promises candy is too similar to what Hershey uses for its Reese's Peanut Butter Cups.

Crashing the party: Hershey has no love for kiss-shaped mold maker
  • Arent Fox LLP
  • USA
  • June 9 2010

On May 19, 2010, Hershey Co. (Hershey), the renowned Pennsylvania-based chocolate confection producer, filed suit in the U.S. District Court for the Middle District of Pennsylvania against New Jersey-based candy and craft mold manufacturer Life of the Party, Inc. (LPI), alleging claims of trademark infringement and dilution, false designation of origin, and unfair competition due to LPI’s manufacture and sale of conically-shaped molds for chocolate.

Hershey Co. claims brownie baking pan infringes its product configuration trademark
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2010

Pennsylvania-based chocolate maker Hershey Co. has filed a Lanham Act lawsuit against Williams-Sonoma Inc., alleging that the kitchen-product retailer is marketing and selling a baking pan that infringes Hershey’s “Chocolate Bar Design Mark,” a purportedly distinctive rectangle scored into 12 smaller rectangles.

Live Face on Web, LLC v. Howard Stern Productions, Inc., et al
  • Loeb & Loeb LLP
  • USA
  • March 25 2009

The district court denied defendant Howard Stern Productions’ motion to dismiss plaintiff’s vicarious copyright infringement claim, but granted defendant’s motion to dismiss plaintiff’s contributory infringement and state law unjust enrichment and conspiracy claims.

Componentone, LLC v. Componentart, Inc., 2008 WL 4790661 (W.D. PA. 2008)
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • December 9 2008

The Western District of Pennsylvania granted defendants' motion for summary judgment on plaintiff's federal and state trademark and unfair competition claims based upon, inter alia, a lack of similarity between the marks and “isolated and idiosyncratic” evidence of actual confusion.