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Intellectual Property – True statement prompts dismissal of Lanham Act claim
Liberty Counsel, an organization dedicated to advancing Christian causes, sued GuideStar, a nonprofit organization that maintains an extensive online directory of profiles on other nonprofits, after GuideStar reported the Southern Poverty Law Center had designated Liberty as a hate group. Because the statement about the designation was true, the court affirmed dismissal of the Lanham […]
Intellectual Property – Preponderance standard governs Lanham Act fees
As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com and Appellee Verisign Inc. both sell internet domain names. Verisign operates the .com and .net […]
Jury awards software company $1.7M for misleading ad claim
A jury awarded $1.7 million in damages to a Raleigh software company recently after finding that a competitor had engaged in misleading advertising in comparing its products to theirs. EMove and Web Team Associates, subsidiaries of U-Haul International, and SMD Software and SiteLink Software all make business operation management software used by self-storage facilities. SMD/SiteLink […]
Intellectual Property – Trademark – Lanham Act – Tort/Negligence – Negligent Misrepresentation – Research Scientist
Design Resources, Inc. v. Leather Industries of America (Lawyers Weekly No. 14-03-0820, 52 pp.) (William Osteen, J.) 1:10-cv-00157; M.D.N.C. Holding: Defendants made statements in a furniture industry publication about a type of upholstery that contains glued leather fibers and is made to look like leather. Since plaintiff has not shown falsity of the statements or […]
Intellectual Property – Trademark Infringement – Religious Websites — Cybersquatting
Capitol Commission, Inc. v. Capitol Ministries There is no dispute that defendant has attempted to use a mark, identical to plaintiff’s registered mark, to sell similar goods and services to the same consumers; there is also no dispute that the parties operate out of similar facilities (state capitols and the internet) and that defendant’s intent is to trade off of plaintiff’s name[...]
Administrative – Lanham Act Preemption May Work in Ethanol Case
American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; the 4th Circuit agrees with the district court’s grant of summary judgment for defendants, the state and a marketing association, on plaintiffs’ pre[...]
Supreme Court will decide standing factors in Lanham Act claims
The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act. The court took up a case June 3 in which Sanford-based Static Control Components Inc., a manufacturer of component and microchips for toner cartridges, alleges that laser printer manufacturer Lexmark violated the act by falsely telling consumers tha[...]
Intellectual Property – Lanham Act – Trade Publication Article – Quotes – Bonded Leather
Design Resources, Inc. v. Leather Industries of America Even if a quote from defendant Cory in a trade magazine article is literally true, if it is materially misleading, it can still form the basis of a claim under the Lanham Act.
Constitutional – Preemption – Ethanol Blending Statute – Federal Renewable Fuel Program – Intellectual Property – Lanham Act – PMPA – Commerce Clause
American Petroleum Institute v. Cooper North Carolina’s Ethanol Blending Statute – which allows gasoline marketers in our state to participate in the blending of ethanol and gasoline (and the tax credits that go along with such blending) – does not conflict with and is not preempted by the Federal Renewable Fuel Program, the Lanham Act, or the Petroleum Marketing Practices Act, nor [...]
Intellectual Property – Lanham Act – False Advertising – Customer’s Statements – Tort/Negligence – Libel – Statute of Limitations – Negligence
Boykin Anchor Co. v. AT&T Corp. A false statement by plaintiff's customer - even a customer who has personal relationships with employees of plaintiff's competitor - cannot form the basis of a false advertising claim under the Lanham Act. Defendants' motion to dismiss is granted as to plaintiff's Lanham Act, gross negligence and ordinary negligence claims. Plaintiff's claims for un[...]
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