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Tag Archives: Deceptive

Is Foster’s Australian for False Advertising?

Posted in Advertising, False Advertising, Food, Law Suits, Trademarks, USPTO

While trademark infringement is the headliner for claims brought under the Lanham Act, the law also precludes false advertising and unfair competition. Most states also have laws addressing deceptive trade practices addressing similar misconduct by advertisers. Recently one consumer sued MillerCools under these laws, claiming he had been deceived into purchasing Fosters beer, thinking the… Continue Reading

The World’s Healthiest Trademark Puffery

Posted in Advertising, Articles, Branding, False Advertising, Food, Marketing, Trademarks, USPTO

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Scandalous Trademarks: Wanted Dead or Alive?

Posted in Law Suits

On June 15, 2011, the United States District Court for the Southern District of Indiana put a bullet in Dillinger, LLC’s efforts to hold Electronic Arts liable for trademark infringement and unfair competition based on EA’s use of the word “Dillinger” in one of its video games. EA is the developer and publisher of Godfather video… Continue Reading