As we enter the Thanksgiving and holiday season this year, it is particularly apropos to ponder the following question: Is the TTAB going nuts? Congress tells us that the PTO cannot register trademarks that are scandalous or immoral due to Section 2(a) of the Lanham…
In a recent post on TheTMCA.com, we discussed how a California court held that the phrase “artfully crafted” was not a false or misleading description of the popular Blue Moon microbrew. It turns out that a federal court in the Buckeye State dealt a swift…
The popular music app company Pandora Media Inc. has opened quite a musical box. It has been in litigation over what are known and loved as the “oldies.” Various record labels such as Capitol Records and Sony Music sued Pandora in New York on April 17,…
Has a service mark been used in commerce if the services have been offered but there are no takers? The Federal Circuit issued a decision earlier this year in Couture v. Playdom, Inc., 778 F.3d 1379 (Fed. Cir. 2015), which confirms that applicants seeking to…
If one takes as true the allegations in recent federal court false advertising complaints, then consumers are being duped at every turn by any number of corporate capers. “Crafty” beer manufacturers, purveyors of “all natural” products, and peddlers of misnamed coffee products are just a…
For the past few years, the courts have decided a number of cases involving claims of false advertising and labeling of food products. For example, consumers and health advocates contend that an “all natural” designation is false and misleading if certain ingredients are used and…
Employers may not like it, but the National Labor Relations Board and, very recently, the U.S. Court of Appeals for the Second Circuit, have held that an employee’s Facebook post related to wages or working conditions, when combined with other employees’ Facebook comments or “likes”…
The federal court for the Northern District of California has denied permanent injunctive relief in a lawsuit for trademark infringement and dilution brought by Pinterest against the use of the mark PINTRIPS for a website-based travel planning service. Pinterest, Inc. v. Pintrips, Inc., 13-cv-04608 (N.D….
On the eve of Halloween, NFL wide receiver Pierre Garçon dished up quite a treat for FanDuel, the beleaguered fantasy sports company. Garçon, on behalf of himself and other similarly-situated NFL football players, sued FanDuel in Maryland federal court claiming the fantasy sports company is…
The Scotts Company, LLC, a leading provider of home and garden pest control solutions, ran a sweepstakes where consumers were invited to review — good or bad — a Scotts product for a chance to win a $25 gift card. We assume there was also…
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...
