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 actual
damages, it may also be barred from recovering...
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 broadening of the concept of material differences...
Access Designs, Inc.,
a company that manufactures TubcuT®, a product that alters regular bathtubs to
convert them into walk-in showers, has filed a trademark-infringement suit against The BathWorks Company in
federal district court in Charlottesville, Virginia. According to the
IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
- - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
and COACH SERVICES...
IN THE UNITED STATES
FOR THE NORTHERN
DISTRICT OF ILLINOIS
and COACH SERVICES, INC.,
Plaintiffs, Case No.
CHARLIE'S OF ILLINOIS, INC.
CHARLIE'S FLEA MARKET,
SAI YUJ CHEN,
GING FANG CHEN...
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
COACH, INC. and COACH SERVICES, INC.,
Plaintiffs, Case No.
THE BUYER'S MARKET, INC., AN ILLINOIS
CORPORATION, d/b/a BUYER'S FLEA
MARKET, and DOES 1 through100,
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 now "offers a pathway through the semantic jungle"...
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. of Wis. Sys. v. Phoenix Int'l Software, Inc. ...
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 Twenty-First Century ,
49 U. Louisville L. Rev. 517...
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 ].*
Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a juice blend named and labeled as "Pomegranate...
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 Court Dec. 3 ( Lexmark International Inc. v. Static...
Lexmark Int'l Inc. v. Static Control Components, Inc., 697 F.3d 387 (6th Cir. 2012)
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. v. Static Control Components ., 697 F.3d 387 (6th...
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 allege an injury to a commercial interest in reputation...
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), the U.S. Supreme Court unanimously ruled today...
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 is not limited to direct competitors [an enhanced...
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 of the Lanham Act even if the label satisfies...