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EIA: Trademark Law  Category

   
Confusion in the Sixth Circuit over the TrafFix Functionality Standard and the Value of Copying (PDF)

Confusion in the Sixth Circuit over the TrafFix Functionality Standard and the Value of Copying (PDF)

The Supreme Court's attempts to clarify the law of trade dress protection have been insufficient, as we see in this Sixth Circuit opinion, in which the majority and dissenting opinions disagree over the Supreme Court's statements in this area.

$61.00
Current Problems, Future Needs, and the IANA Transition: ICANN and What To Do About It (PDF)

Current Problems, Future Needs, and the IANA Transition: ICANN and What To Do About It (PDF)

Addresses three important topics: (1) abuse of the domain name space and ICANN's role, (2) need for ICANN to become a stable, reliable partner for business, & (3) profound effects of the USG relinquishing its oversight of ICANN.

$61.00
Eric E. Bensen on the Defend Trade Secrets Act (PDF)

Eric E. Bensen on the Defend Trade Secrets Act (PDF)

The Defend Trade Secrets Act creates for the first time a federal private cause of action for trade secret misappropriation. The enactment ushers in three notable changes to trade secret law.

$61.00
LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014) (PDF)

LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014) (PDF)

In POM Wonderful LLC v. Coca-Cola Co., the Supreme Court held that a misleading food or beverage label may be actionable under the false advertising provisions of the Lanham Act even if the label satisfies the requirements of the federal Food, Drug, and Cosmetics Act and regulations thereunder. Thus, for the food and beverage industry, FDA compliance is not a safe harbor against false advertising claims.

$61.00
LaFrance on Standing to Bring False Advertising Claims under the Lanham Act: Lexmark Int'l, Inc. v. Static Control Components, Inc., 2014 US LEXIS 2214 (Mar. 25, 2014) (PDF)

LaFrance on Standing to Bring False Advertising Claims under the Lanham Act: Lexmark Int'l, Inc. v. Static Control Components, Inc., 2014 US LEXIS 2214 (Mar. 25, 2014) (PDF)

Who has standing to bring a false advertising claim under the Lanham Act? The Supreme Court ended a three-way circuit split, and held that standing is not limited to direct competitors. Instead, a party has standing if it suffers a business injury that is proximately caused by the defendant's false statements.

$61.00