On December 18, 2012, the Trademark Trial and Appeal Board, in Otter Products LLC v BaseOneLabs LLC, 105 USPQ2d 1252, decided that a Supplemental Register registration for the mark IMPACT SERIES did not establish that the opposer owned
The FTC’s New COPPA Requirements, Advertising and Strict Liability
Does your company offer mobile apps with animated characters or with “kids” in the title or description? Does your website have a section aimed at students, explaining your goods or services in a fun and educational way? Does your company
The Brilliance of a Girl’s Best Friend is Challenged
On November 13, 2012, Sterling Jewelers filed a complaint charging its competitor, Zale Corporation, with false advertising under the Lanham Act and deceptive trade practices under Ohio law. Sterling operates 1,300 jewelry stores under the Kay Jewelers and Jared
Hybrid Fuel Efficiency Claims Targeted in Class-Action Lawsuit
The owner of a new 2013 Ford C-Max Hybrid has filed a consumer fraud class-action lawsuit against the Ford Motor Company, alleging Ford has engaged in a “false and misleading marketing campaign” for its 2013 C-Max Hybrid and Fusion Hybrid
California Court Finds Opening in 9th Circuit Preemption Ruling
A federal court in California ruled last month that certain mislabeling claims against the Hershey Co. were not preempted by federal law. Khasin v. Hershey Co., 2012 U.S. Dist. LEXIS 161300 (N.D. Cal. Nov. 9, 2012).
In Khasin,
Newman’s Own Voluntarily Recalls Dressing Due to Allergy Issues in Product Labeling
On November 26, 2012, Newman’s Own voluntarily recalled batches of its Lite Honey Mustard Dressing because the product label on the bottle did not mention the fact that the dressing contained milk, a major food allergen. Individuals who are allergic