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Category: False advertising


Political Campaigns and Unauthorized Music
June 22, 2020
Post by Brandon W. Clark
As the 2020 presidential election approaches so does the opportunity for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist or songwriter upset that a politician or campaign used the artist's music without authorization. In fact, Tom Petty’s estate recently sent President Trump a cease and desis.......
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Political Campaigns & Unauthorized Music
January 18, 2016
Post by Brandon W. Clark
Brandon W. Clark As the presidential caucuses approach so do the opportunities for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist upset that a politician or campaign used the artist's music without authorization. A list of notable disputes include Bruce Springsteen vs. Ro.......
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Who May Bring a Federal False Advertising Suit?
April 02, 2014
Post by Blog Staff
The Supreme Court's recent decision in Lexmark International, Inc. v. Static Control Components, Inc. prescribed the appropriate framework for determining whether a plaintiff has standing in a false advertising action under the 15 U.S.C. 1125(a). Prior to this decision, there were three competing approaches to determining whether a plaintiff has standing to bring suit under the Lanham Act: · .......
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Public use can't be experimental if not for purposes of the patent application
April 02, 2009
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed a district court's grant of summary judgment of invalidity of a patent and summary judgment to the defendant on the Plaintiff's false advertising claims. The defendant asserted the patent was invalid as obvious and by virtue of a prior public use. The district court held a genuine issue of fact existed regarding whether the public use was experimental,.......
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Claim that infringing product was defendant's "innovation" cannot support section 43(a) claim
March 06, 2009
Post by Blog Staff
In a decision last month, the Federal Circuit reversed a district court's denial of judgment as a matter of law from a jury award of $8,054,579 under § 43(a) of the Lanham Act. The plaintiff held a patent on a type of basketball, and the defendant (against whom summary judgment of infringement was granted) advertised their basketball was their "innovation."The Federal Circuit reversed the dist.......
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Eleventh Circuit: Unsolicited proposals insufficient to show intent to resume use of trademark
June 16, 2008
Post by Blog Staff
In a decision Friday, the Eleventh Circuit affirmed a district court's grant of summary judgment in favor of the defendant, finding the plaintiff had abandoned its trademarks. Although the complaint consisted of both federal and state common law claims, the analysis ultimately came down to whether a valid Lanham Act claim existed, as the remaining claims were based on the alleged § 1125 claims. The El.......
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Eleventh Circuit: eBay may eliminate presumption of irreparable harm in trademark cases
April 14, 2008
Post by Blog Staff
In a recent decision, the Eleventh Circuit vacated a district court's injunction against the use of a competitor's trademarks in the meta tags of a defendant's website. The court held that while the plaintiffs had shown likelihood of success on both their trademark infringement and false advertising claims, because the district court relied on a presumption of irreparable harm to support its injuncti.......
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Second Circuit: Advertisement can be literally false even if no explicitly false assertion made
August 10, 2007
Post by Blog Staff
Yesterday the Second Circuit handed down a decision concerning a preliminary injunction that clarifies false advertising under the Lanham Act, especially regarding the use of images in advertisements. In an opinion containing the unlikely combination of pop icons William Shatner and Jessica Simpson, the court adopted the "false by necessary implication" doctrine and concluded that images can be "li.......
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Splenda leaves a bitter taste in competitors' mouths
April 10, 2007
Post by Blog Staff
The business may be all about sweetness, but the competition can be bitter. That's the story right now in the artificial sweetener business, with much of the action centered around sucralose, the sweetener in Splenda®. The sweetener is the subject of several currently pending cases.In the first, rival sweetener maker Merisant, maker of Equal® and Nutrasweet®, have sued the producer of Splenda&re.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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