Companies spend an immense amount of time on advertising and sending out messages to consumers. Competitors often do not like or agree with those messages. But can competitors turn that dislike into a claim for false advertising under the Lanham
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Ninth Circuit Waltzes with Choreographic Works
The 1976 Copyright Act significantly expanded intellectual property protection for dance by recognizing “choreographic works” as original works of authorship eligible for copyright protection. (Before the 1976 Act, narrative dance could be protected as a dramatic work, but abstract dance…
Judge Tells Jade Singer to “Walk Away” from Federal Trademark Suit
Co-ownership of trademarks is rare. Some courts have even gone so far to say co-ownership is disfavored. But co-ownership disputes do occasionally reach the courts, most recently in Reed v. Marshall, which involved band members arguing over the use of…
NAD’s Latest Telecom Denigration Crackdown
In the latest of a string of heated telecom advertising disputes, the National Advertising Division (NAD) delivered a victory to T-Mobile US, Inc. (“T-Mobile”) in its challenge of claims made by Charter Communications Inc. (“Charter”). Charter’s claims involved a series…
Not So Sweet Consequences for Trade Associations and Influencers Who Didn’t Follow FTC’s Endorsement Guides
Earlier this year the Federal Trade Commission announced updates to its Endorsement Guides (“Guides”), which provide direction to advertisers to ensure that advertising using endorsements is truthful. The updated Guides address new and changing issues presented by the contemporary advertising…
Court Delivers Edible Arrangements a Copyright Victory, Leaving Contract Claim on the Table
In a copyright case with evidence of actual copying, the U.S. District Court for the Northern District of Georgia nevertheless dismissed copyright infringement claims on summary judgment, holding that allegedly copied features of software code were not protected under the…
Vans Skates Past Summary Judgment Challenge to the Validity of Its Shoe Trade Dress
Shoes come in many shapes and styles—running shoes, dress shoes, work boots, high heels, and (relevant here) skate shoes, to name a few. The designs of these shoes are virtually limitless, and if a shoe has a sufficiently distinctive and…
“Free” for All: TurboTax Deceived Consumers by Advertising a “Free” Product Millions Could Not Use
The FTC took action against Intuit, Inc., the maker of TurboTax tax filing software, for advertising that its software was “free,” when in reality millions of consumers were ineligible to use the “free” version. The FTC’s Chief Administrative Law Judge…
N.D. Tex. Finds No Fair Use of Copyrighted Video in Car Dealership’s Facebook Ad
Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. When a Texas Chevrolet dealership, Frank Kent…
Seventh Circuit Refuses to Serve Up Preliminary Injunction Against Grubhub
The U.S. Court of Appeals for the Seventh Circuit delivered an early victory to Grubhub Inc. and Takeaway.com Central Core V.B. (“Grubhub”) by denying Relish Labs LLC’s and The Kroger Co.’s (“Home Chef”) request for a preliminary injunction against Grubhub’s…