Intellectual Property

Recent Posts

False Advertising Standing Argued at Supreme Court
Posted on 4 Dec 2013 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme... Read More

Court Enjoins LED Greenwashing; Orders Lighting Co. to Pay $21 Million for Consumer Redress
Posted on 16 Oct 2013 by Eric L. Lane

A previous post discussed a recent court decision giving the U.S. Federal Trade Commission (FTC) a big win and holding that Lights of America (LOA) violated Section 5 of the FTC Act by making false claims about LED lamps replacing certain wattage incandescent... Read More

Court Enjoins LED Greenwashing; Orders Lighting Co. to Pay $21 Million for Consumer Redress
Posted on 16 Oct 2013 by Eric L. Lane

A previous post discussed a recent court decision giving the U.S. Federal Trade Commission (FTC) a big win and holding that Lights of America (LOA) violated Section 5 of the FTC Act by making false claims about LED lamps replacing certain wattage incandescent... Read More

Green Patent Blog: Danish Greenwash: Metal Industry Group Defeats Plastic Packager in False Advertising Case
Posted on 21 Feb 2012 by Eric L. Lane

An interesting piece on FoodProductionDaily.com reports on a recent decision involving greenwashing (and apparently reverse greenwashing) claims in Denmark. The ruling by the Danish Maritime Court is the culmination of a dispute that began in 2008... Read More

LaFrance on Standing to Bring False Advertising Claims under Section 43(a) of the Lanham Act
Posted on 20 Feb 2014 by Mary LaFrance

Lexmark Int'l Inc. v. Static Control Components, Inc., 697 F.3d 387 (6th Cir. 2012) Excerpt: In the never-ending toner wars, ink will once again be spilled as the Supreme Court considers a false advertising dispute in Lexmark Int'l Inc.... Read More

LaFrance on Standing to Bring False Advertising Claims under the Lanham Act: Lexmark Int'l, Inc. v. Static Control Components, Inc.
Posted on 6 Aug 2014 by Mary LaFrance

Excerpt: Who has standing to bring a false advertising claim under the Lanham Act? In Lexmark Int'l, Inc. v. Static Control Components, 2014 US LEXIS 2214 (Mar. 25, 2014), the Supreme Court ended a three-way circuit split, and held that standing... Read More

Pernod Ricard USA LLC v. Bacardi U.S.A., Inc.: More on the the HAVANA CLUB saga
Posted on 12 Apr 2010 by Anne Gilson LaLonde

Issued April 6, 2010, this opinion is the latest installment of the HAVANA CLUB saga. Here, Pernod Ricard USA brought a false advertising claim against Bacardi U.S.A., alleging that Bacardi's use of the HAVANA CLUB trademark on its rum bottle deceives... Read More

Supreme Court Affirms: False Advertising Counterclaimant Has Standing
Posted on 25 Mar 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) In a unanimous decision, the U.S. Supreme Court today ruled that “to come within the zone of interests in a suit for false advertising under” Section 1125(a) of the Lanham Act, “a plaintiff must... Read More

LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co.
Posted on 28 Aug 2014 by Mary LaFrance

Excerpt: In its second false advertising case this term, in POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014), the Supreme Court held that a misleading food or beverage label may be actionable under the false advertising provisions... Read More

Supreme Court: Food Label Challenges Are Allowable Under Lanham Act
Posted on 12 Jun 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA... Read More