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US Supreme Court abolishes ban on offensive trademarks
The clause was ultimately found to violate First Amendment free-speech rights. The decision is already making itself felt.
High court false advertising case rejects preemption defense
The legal food fight between a fruit juice manufacturer and soft drink conglomerate Coca-Cola Co. will continue in federal court now that the U.S. Supreme Court has ruled that a false advertising claim was not precluded by federal law.
Juice drink showdown reaches US Supreme Court
During oral arguments Monday, the justices of the U.S. Supreme Court seemed disinclined to hold that a Lanham Act claim of false representation against beverage giant Coca-Cola was preempted under the Food, Drug and Cosmetic Act.
US Supreme Court will decide standing factors in Lanham Act claims
The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act.
10-2327 Nightingale Home Healthcare, Inc., v. Anodyne Therapy, LLC
Intellectual Property Lanham Act; attorney fees A case under the Lanham Act is “exceptional,” in the sense of warranting an award of reasonable attorneys’ fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had […]
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