Sandy's practice focuses on trademarks and unfair competition, copyright and advertising law, providing clients with a full range of services to help them sell, advertise and promote their products. She has extensive experience in brand name clearance and trademark portfolio management, advertising claims review and counseling on advertising and promotional content in both traditional and social media. LinkedIn
On September 9, 2016, the Court of Appeals for the Second Circuit issued an interesting decision in a false advertising case involving a dispute between competitors in the home pregnancy testing market. Church & Dwight Co. v. SPD Swiss Precision Diagnostics GMBH. The opinion addressed…
Section 43(a) of the Lanham Act is generally considered a broad-based vehicle for asserting false advertising claims. For the owner and operator of the Trump Hotel Las Vegas, however, the statutory section was not broad enough to encompass alleged falsehoods in a flyer circulated by…
If you buy the assets of a company, have you also acquired the liabilities for infringement associated with those assets? That is the issue addressed in a recent decision by the federal district court for the Southern District of New York in Energy Intelligence Group,…
In theory, a product brand name can communicate a false advertising message, but it doesn’t happen often in practice. Such an instance was found to have occurred according to a recent decision by the National Advertising Division in which it concluded that the name Painter’s…
Can you trademark a building design? You can if the building in question is the Empire State Building. In the film classic King Kong, the iconic art deco building is the site of a titanic battle between Kong and the military planes that battle to…
More than half a century ago, the Court of Appeals for the Second Circuit issued an influential decision in Dawn Donut Co. v. Hart’s Food Stores, Inc., concerning the proper scope of injunctive relief in a trademark infringement case where the plaintiff owns a federal…
We blogged last week about a recent decision by the Court of Appeals for the Second Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, in which the Court confirmed the legal standard for assessing likelihood of confusion when a defendant…
If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative fair use” because it is a use of a trademark to “name”…
In a further development in the yogurt false advertising battle between Dannon and Chobani, the federal district court has rejected Chobani’s request that it reconsider and limit the scope of the injunction it issued in late January. As we blogged about here at The TMCA, the…
A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils of identifying the wrong entity as the owner. A trademark is not required to…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...