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
Incontestable Blog
The Incontestable Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on intellectual property law, particularly trademark law and related litigation. It covers topics such as Trademark Trial and Appeal Board (TTAB) decisions, Federal Circuit rulings on trademark oppositions and cancellations, issues of consumer confusion, specimen requirements for trademark registration, and fair use in copyright law as it relates to emerging technologies like artificial intelligence and large language models. The blog provides updates on case law developments and legal interpretations affecting trademark prosecution and enforcement.
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Not So Sweet Consequences for Trade Associations and Influencers Who Didn’t Follow FTC’s Endorsement Guides
By Publisher
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
By Publisher
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
By Publisher
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
By Publisher
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
By Publisher
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
By Publisher
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…
Corellium Inc.’s Bite of Apple’s iOS for Security Research is Fair Use
By Publisher
Apple owns copyrights in iOS, the operating system software used for Apple devices like the iPhone, iPad, and iPod Touch. Corellium offers a software platform called CORSEC that simulates various mobile device operating systems, including iOS, to enable mobile app…
FTC Reminds Businesses that “Made in USA” Means What It Says
By Publisher
The FTC took action against three New England-based clothing accessories companies (Chaucer Accessories and related entities) and their owner, Thomas Bates, for falsely claiming that their products were “Made in USA,” “Hand Crafted in USA,” or “Made in USA with…
Southern District of Texas Says Yes to Trade Dress for Dressing Rooms
By Publisher
Most people think of trademarks as words or logos. But trademark protection can be far more expansive. For instance, when one business copies another’s distinctive interior design, the injured party can seek relief by claiming trade dress infringement. That’s exactly…