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
The World’s Healthiest Trademark Puffery
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
You’ve gotta be shipping me!!
Kmart recently unveiled a brand new advertisement that’s about as subtle as a shovel to the face. While some have described it as juvenile or immature, I can’t help but chuckle everytime I see or hear it. Maybe that says something about me…
Anyway, here’s the ad.
The ad, which was initially released exclusively online,
Scandalous Trademarks: Wanted Dead or Alive?
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