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

By Doris Estelle Long Professor of Law and Chair of the Intellectual Property, Information Technology and Privacy Group at The John Marshall Law School, in Chicago, Illinois. Excerpt from On Intellectual Property Law: Rebooting Trademarks for... Read More

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

Bad cases may make bad law, but they also can result in the prevailing party being awarded attorneys' fees under the Lanham Act's "exceptional cases" provision - whatever that means these days. The Seventh Circuit Court of Appeals... Read More

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. THE BUYER'S MARKET, INC., AN ILLINOIS CORPORATION, d/b/a BUYER'S FLEA... Read More

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. MONTANA CHARLIE'S OF ILLINOIS, INC. d/b/a MONTANA CHARLIE'S... Read More

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

Recently, the Seventh Circuit answered the following question in the negative: Is the Trademark Remedy Clarification Act (TRCA) a valid exercise of Congress's Fourteenth Amendment power to regulate state behavior? In Bd. of Regents of the Univ.... Read More

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

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : ... Read More

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

The Ninth Circuit today [May 17] issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co [ enhanced version available to lexis.com subscribers ].* BACKGROUND Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a... Read More

By Doris Estelle Long Professor of Law and Chair of the Intellectual Property, Information Technology and Privacy Group at The John Marshall Law School, in Chicago, Illinois. Excerpt from On Intellectual Property Law: Rebooting Trademarks for the... Read More

The Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for... Read More

In Zino Davidoff SA v. CVS Corp. , 571 F.3d 238 (2d Cir. N.Y. 2009) , the Second Circuit held that gray market goods are materially different, and thus, infringing under the Lanham Act, when the packaging has been altered. These holdings mark a significant... Read More