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Trademarks › Misrepresentation › Lanham Act

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
ArentFox Schiff

Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

ArentFox Schiff on

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the...more

Lathrop GPM

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

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A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more

Vondran Legal

Proper grounds to cancel another companies trademark

Vondran Legal on

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Kilpatrick

5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act

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Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act."...more

Kilpatrick

5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance

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Kilpatrick Townsend Partner Ted Davis recently spoke at the New York Intellectual Property Association. He discussed "Combatting Misrepresentations in the Trademark Prosecution and Maintenance" during the Hot Topics in...more

Dorsey & Whitney LLP

Coca-Cola - “Thums Down” on Evidence of Damages in Misrepresentation of Source in Cancellation Proceeding with Unresolved...

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We reported here last summer the outcome of Coca-Cola Company’s petitions to cancel the registrations for the above-captioned marks owned by Meenaxi Enterprise, Inc. Meenaxi appealed the TTAB’s decision to cancel the...more

Dorsey & Whitney LLP

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

Dorsey & Whitney LLP on

In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...more

Foley Hoag LLP - Trademark, Copyright &...

Flummoxed By FLANAX: TTAB Cancels Trademark Registration Based On Misrepresentation As To Source Despite No Use In U.S. By...

Foley Hoag LLP - Trademark, Copyright &... on

In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more

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