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FREE DOWNLOAD: Complaint - Coach, INC., et al. v. City of Chicago, d/b/a New Maxwell Street Mark, et al., Case 1:10-cv-03108 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : COACH, INC. and COACH SERVICES...

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.)

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 FLEA MARKET, SAI YUJ CHEN, GING FANG CHEN...

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.)

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 MARKET, and DOES 1 through100, Defendants...

15-Second Advertising Law Alert: 7th Circuit Cuts Through Lanham Act Attorneys' Fees "Jungle"

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"...

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)

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. ...

Marlboro Maker Altria Sues China-Based Websites

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...

Keller and Heckman LLP: Fifth Circuit Addresses Lanham Act's Prudential Standing in Real-Estate Appraisers' Lawsuit

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. * BACKGROUND Plaintiff real estate appraisers...

Gifford v. USGBC - Dismissed (But Not on the Merits)

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...

Rebooting Trademarks for the Twenty-First Century

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...

Keller and Heckman LLP: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified

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 juice blend named and labeled as "Pomegranate...

Keller & Heckman LLP: Awarding Attorney's Fees In 'Exceptional' Lanham Act Cases: A 'Jumble' Of 'Murky' Law

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...

Dispute Over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

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...

Supreme Court Grants Certiorari in Dispute over Lanham Act Standing

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...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

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...

Joe Canada!

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...

False Advertising Standing Argued at Supreme Court

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...

LaFrance on Standing to Bring False Advertising Claims under Section 43(a) of the Lanham Act

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. v. Static Control Components ., 697 F.3d 387 (6th...

Supreme Court Affirms: False Advertising Counterclaimant Has Standing

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...

Pom Wonderful Brings Food Labeling Dispute to the U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling Barred by the Food, Drug, and Cosmetic Act?

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...

U.S. Supreme Court Hears Oral Arguments in False Advertising Case

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...

Supreme Court: Food Label Challenges Are Allowable Under Lanham Act

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...

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

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 is not limited to direct competitors [an enhanced...

LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co.

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 of the Lanham Act even if the label satisfies...

Norton Rose Fulbright: Pom Wonderful Ditches Appeal Of State Law Preemption Ruling

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...

Cancellation Of The Washington Redskins Trademark Registration: The Judicial Decision

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...