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. ...
RICHMOND, Va. - (AP) Marlboro maker Altria Group Inc. said Wednesday it is suing seven Chinese online retailers, alleging they sold counterfeit versions of its top-selling cigarette brands to customers in the U.S. The owner of the nation's largest tobacco company, Philip Morris USA, said this is...
15-Second Advertising Law Alert: 5th Circuit Explores "Outer Limits" of Lanham Act Standing
By Richard J. Leighton
Strange facts can make strange law. The Fifth Circuit yesterday issued a strange tutorial on Lanham Act prudential standing. *
Plaintiff real estate appraisers...
By J. Wylie Donald, Partner, McCarter & English
One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in the Southern District of New York in the closely...
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...
Richard Leighton's article titled "Awarding Attorney's Fees in 'Exceptional' Lanham Act Cases: A 'Jumble' of 'Murky' Law," is scheduled to appear in the next edition of the prestigious Trademark Reporter.
This article is a great reference resource on a subject...
On October 4, 2012, the U.S. District Court for the Eastern District of Pennsylvania in Eagle v. Morgan [ enhanced version available to lexis.com subscribers ] granted in part and denied in part an employer's motion for summary judgment on an ex-employee's federal claims under the Computer Fraud...
WASHINGTON, D.C. - (Mealey's) The question of which
analytic framework applies when assessing prudential standing in Lanham Act
false advertising cases will be taken up by the U.S. Supreme Court, which
granted certiorari June 3 in a longstanding dispute over toner
cartridges ( Lexmark International...
WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...
When innovation meets the law, the results are often surprising.
We in Seattle are confronting this as ride services like Lyft compete with a regulated taxi industry .
Now consider Pirate Joe's , a business located in the upscale Kitsilano neighborhood of Vancouver, B.C.. I will let them describe...
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...
by Claudia M. Vetesi and Lisa A. Wongchenko A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January 10, 2014, the Supreme Court granted...
WASHINGTON, D.C. — (Mealey’s) An attorney for The Coca-Cola Co. told the U.S. Supreme Court today that a dispute over the veracity of a fruit juice label does not fall within the purview of the Lanham Act ( POM Wonderful LLC v. The Coca-Cola Co. , No. 12-761, U.S. Sup.; See 1/21/14, Page...
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...
By Stephanie Stroup
On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics...
In an opinion issued on July 8, 2015, Judge Gerald Bruce Lee of the United States District Court for the Eastern District of Virginia ordered the United States Patent and Trademark Office (PTO) to cancel the registration of the Washington Redskins football team's six trademarks pursuant to Section...