A Kansas federal court granted Angie’s List’s motion to dismiss a class action lawsuit alleging false advertising, finding that most of plaintiff’s claims were time-barred and the rest were not properly pled. The owner of a tree trimming business spent over $200,000 in advertising on Angie’s List from 2005 and 2013. According to the plaintiff,
Lanham Act
Throwing Shade: Upscale Manhattan Bar Calls Out “Basic” Would-be Infringer
Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record.
Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale atmosphere and a focus on high quality drinks, creative new sounds and a small plates menu with exceptional tapas” named Bathtub Gin…
Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”
Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed earlier this month in the Eastern District of Texas. Nana Joe’s makes vegan and gluten free granola products, and has branded…
SCOTUS Strikes Down Ban on Disparaging Trademarks
Earlier this week, a unanimous but fractured Supreme Court ruled that a controversial provision in the Lanham Act prohibiting the registration of trademarks that disparage “persons, living or dead, institutions, beliefs, or national symbols” violates the First Amendment. This decision may be most remembered for the impact it may have on the NFL’s Washington Redskins,…
Michael Jordan Wins Appeal in Trademark and Publicity Case
Back in 2009, Time magazine, the publisher of Sports Illustrated, ran a special commemorative Sports Illustrated issue devoted entirely to Michael Jordan’s basketball career. Jewel Food Stores, Inc. (“Jewel”), the operator of supermarkets in the Chicago area, was offered free advertising in the issue in exchange for agreeing to sell the magazine in its stores. Jewel ended up running a full page ad in the issue congratulating Jordan on his induction into the Hall of Fame. The ad featured text recognizing Jordan’s accomplishments and a pair of “23” sneakers, and prominently featured the Jewel logo and slogan in the middle of the ad.
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