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

Rebooting Trademarks for the Twenty-First Century
Posted on 6 Sep 2011 by Copyright & Trademark Law Community Staff

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

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

15-Second Advertising Law Alert: 7th Circuit Cuts Through Lanham Act Attorneys' Fees "Jungle"
Posted on 15 Dec 2010 by Keller and Heckman LLP

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

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. The Buyer's Market, Inc., an Illinois Corporation, d/b/a Buyer's Flea Market, et al., Case 1:10-cv-03781 (N.D. Ill.)
Posted on 21 Jun 2010 by Copyright & Trademark Law Community Staff

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

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. Montana Charlie's of Illinois, INC. d/b/a Montana Charlie's Flea Market, et al., Case 1:10-cv-03751, (N.D. Ill.)
Posted on 18 Jun 2010 by Copyright & Trademark Law Community Staff

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

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

States entitled to sovereign immunity on Lanham Act claims for trademark infringement and false designation of origin - Univ. of Wis. v. Phoenix Int'l Software (7th Cir., Dec. 28, 2010)
Posted on 3 Jan 2011 by Copyright & Trademark Law Community Staff

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

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

Keller and Heckman LLP: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified
Posted on 21 May 2012 by Keller and Heckman LLP

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

Rebooting Trademarks for the Twenty-First Century
Posted on 6 Sep 2011 by Copyright & Trademark Law Community Staff

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

Electing Statutory Damages in a Counterfeiting Case May Bar an Award of Attorneys Fees in the Ninth Circuit
Posted on 15 Apr 2008 by Anne Gilson LaLonde

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

LaFrance on Trademark Infringement for Removal of Product Codes from Packaging
Posted on 26 Oct 2009 by Mary LaFrance

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