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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…

-Martha Engel, Attorney

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks.  As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a…

-Martha Engel, Attorney

When an application has been refused registration in view of another’s prior filed mark, one way to resolve the issue is through a consent agreement wherein the registrant consents to the registration and the parties set out the reasons why the parties believe that there is no likelihood of consumer confusion between…

When I moved from Minnesota to Wisconsin to go to college, among the local customs that I had to get acclimated to were the revulsion against the word “pop” for carbonated beverages named “soda;” hearing classmates say “I just need to find the time machine” when they meant an ATM branded with Tyme; and the…