In writing this post, I had hoped to get back to basics and address the elements of a false advertising claim. But when doing so, the proverbial onion layers started to unravel—one of those layers being the theory of necessary implication, being a theory to prove falsities against a competitor under the Lanham Act. And
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Michael Best Launches Best Patent Blog!
We are very excited to announce the launch of our new Best Patent Blog!
“This blog will provide the “Best” updates and timely information on legal developments and issues related to patents – from prosecution to commercialization to litigation. Our authors will offer expert insights, guidance, and analyses to help individuals and businesses navigate the…
Cannabis Companies May Have to Ship Out After UPS Trademark Lawsuit
Last week, global logistics leader United Parcel Service (more commonly known as “UPS”) sued three companies for trademark infringement. Those companies, as their names suggest, are a group of cannabis delivery companies: United Pot Smokers, UPS420, and THCPlant.
Defendants use the websites www.ups.green and www.ups420.com to market and sell cannabis products and to offer delivery…
Cannabis Companies May Have to Ship Out After UPS Trademark Lawsuit
Last week, global logistics leader United Parcel Service (more commonly known as “UPS”) sued three companies for trademark infringement. Those companies, as their names suggest, are a group of cannabis delivery companies: United Pot Smokers, UPS420, and THCPlant.
Defendants use the websites www.ups.green and www.ups420.com to market and sell cannabis products and to offer delivery…
Michael Best IP Team Leads Custom Dynamics to a Trademark Infringement Win
Michael Best secured a $325,000 judgement and permanent injunction on behalf of their client, Custom Dynamics LLC, against Lite Cycle for trademark infringement of their products. Custom Dynamics is a seller of LED lighting and other electronic equipment for motorcycles.
A former distributor of Custom Dynamics, operating under the name Lite Cycle, was found to…
The Benefits of Federal Trademark Registration
By Emily Haas
“If I can get a trademark just by using my mark to sell things, why should I register it?” We get this question a lot. It’s a great question. Traditional answers include how having a federal trademark registration gives you nationwide rights, and how it can provide benefits in litigation. As times have changed, however, another…
Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use
As soon as Halloween passes, it seems, Dr. Seuss’ Grinch starts to appear, trying to steal Christmas. There’s the classic TV cartoon version, the movie version starring Jim Carrey, the Broadway musical version, and for 2018, another animated movie version, this one featuring Benedict Cumberbatch as the voice of the Grinch.
A Grinch story of…
Part I: Privacy, Puffery, Trust—and—Branding: What Happened to Facebook?
This post is broken into two parts. The first part briefly connects the concepts of trust, branding, and privacy while viewing these abstract concepts through the Facebook lens. The second part will look at how representations can impact branding, examining the fine line between what is an objective, substantiated representation (and what is not, i.e.…
A Sketchy Federal Circuit Holding on a Converse Trade Dress ITC Proceeding
In 2013, the USPTO issued U.S Trademark Registration 4,398,753 to Nike subsidiary Converse, Inc. The registration covered the Converse Chuck Taylor All Star midsole stripes, toe cap, and multilayered toe bumper featuring diamonds and line patterns, which Converse claims to have been selling since 1946. In October 2014, Converse filed a complaint with the ITC…
How can a Business Provide a Description of What it is Selling While Having a Unique Brand?
By Emily Haas
“There’s been a dust up in town,” my mother told me on my last trip home. A local restaurant had started getting calls for reservations and customers wandering in looking for their newly formed competition. The customers were confused, as the two restaurants had similar names. This seems like a pretty straight forward trademark story,…