02 Mar, 2024 Swimming Pool Parts Manufacturer Owes $15 Million for False Advertising By Kimberly Maynard Last week, a North Carolina federal jury charged Blueworks Corp., a swimming pool equipment manufacturer, with $14.7 million in damages...
06 Aug, 2023 Do Consumers Think That "Texas Pete" Hot Sauce is Made in Texas? By Jeff Greenbaum T.W. Garner Food Co. makes "Texas Pete" hot sauce. The product label includes a cartoon image of a cowboy throwing a lasso as well as a...
01 Mar, 2023 Throwing Shade at Slim Shady? Eminem’s Opposition to the TM Registration for “Reasonably Shady” By Brian Murphy Kimberly Maynard May I have your attention, please? Shade and shady are glorious words, with rich history and evolving, overlapping and metaphorical...
14 Feb, 2023 Does Adding a Spiral Binding to a Book Create a Derivative Work Under Copyright Law? By Brian Murphy Plaintiff Steeplechase Arts & Production publishes musical instruction books, including Piano Book for Adult Beginners: Teach Yourself...
02 Dec, 2022 Mozzarella Sticks Suit Proceeds Against Manufacturer, but not TGI Friday’s By Ariel Radow Earlier this week, an Illinois federal judge allowed a class action lawsuit against the manufacturer of “TGI Friday’s Mozzarella Stick...
28 Jun, 2022 23 State Attorneys General Call for Congressional Action on Copycat THC Edibles Marketed to Children By Ariel Radow Twenty-three state attorneys general have called on Congress to address marijuana copycat products that resemble common, name-brand food...
18 May, 2022 Hopelessly Devoted to Fair Use: District Court Holds that Vape is Parody of Grease By Brian Murphy Sketchworks Comedy is the producer of Vape, a play advertised as a "millennial parody" of Grease. (You can watch Vape's trailer here.)...
07 Sep, 2021 The Right Tool for the Job: Fifth Circuit Revives “Texas Hammer” Trademark Lawsuit By Benjamin G. Murray In online advertising, it’s commonplace for businesses to purchase competitor trademarks as search engine keywords to get in front of...
18 Aug, 2021 You're Invited: "Evolving Restrictions on the Use of Corporate Branding" By Jeff Greenbaum The International Advertising Association, in cooperation with the Global Advertising Lawyers Alliance, is hosing a webinar, "Evolving...
22 Jul, 2021 FTC Issues Enforcement Policy Statement on Repair Restrictions By Jeff Greenbaum The Federal Trade Commission issued an Enforcement Policy Statement on "Repair Restrictions Imposed by Manufacturers and Sellers,"...
09 Jul, 2021 It’s My Party And I’ll Sue You If I Want To: The Reagan Foundation Sues Over Use Of Marks On Trump-Supporting Website By Glenda Dieuveille Over the last year, journalists have written about the Republican party’s “identity crisis”—should Republicans walk away from Donald...
22 Dec, 2020 Congress Passes 3 New IP Laws In Midnight Deal By Craig Whitney Around midnight last evening, Congress passed the Consolidated Appropriations Act, 2021, which notably included another COVID-19 relief...
08 Dec, 2020 Can a Company Own 'Enby'? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement By Christina Campbell On November 17, 2020, Wild Flower, a LGBTQ-owned sex toy company, sued a new Black/trans-owned sex toy company called Shop Enby for...
24 Feb, 2020 "Life's Been Good," Until You Don't Get the Rights You Need By Jeff Greenbaum An important challenge that marketers and advertising agencies face when producing advertising is ensuring that they've properly cleared...
21 Jul, 2019 Marines Tell Congressman to Stop Using Marines Trademarks in Marketing Materials By Jeff Greenbaum Last week, the United States Marine Corps told Congressman Duncan Hunter to stop using Marine Corps trademarks in his marketing...
03 May, 2019 Two Cases at the Starting Line By Edward H. Rosenthal The Kentucky Derby will take place on Saturday, which makes this a good time to write about recent litigation coming out of the world of...