On September 19, 2014, a federal district judge allowed a consumer class action to proceed against the marketer and seller of an over-the-counter “male enhancement product,” finding that the plaintiff adequately pled facts to support false advertising and unfair competition
2014
Top 10 reasons to read the new and improved Brand Protection Blog
For more than two years, the Brand Protection Blog has posted timely information to help you promote and safeguard your brands in today’s increasingly competitive marketplace.
Today we re-launch the Brand Protection Blog with a new look and tools to…
The folly of a press release
On September, 12 2014, the Federal Court of Australia delivered a further decision in a long-running dispute between leading Australian swimwear business Seafolly and swimwear designer, Leah Madden (trading as White Sands Swimwear).
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Hana Bank trademark tacking ruling
On June 23, 2014, the U.S. Supreme Court granted a writ of certiorari in the case of Hana Financial, Inc. v. Hana Bank to decide whether the issue of trademark “tacking” should be determined by a jury as a question…
Third Circuit does away with presumption of irreparable harm
In a much anticipated ruling, the Third Circuit held courts no longer may presume irreparable harm when considering a preliminary injunction motion in a Lanham Act false advertising case even where a plaintiff shows a likelihood of success on the…
Australia’s Health Star Rating system – helping consumers make more informed food choices
Last year we reported on the release of a new voluntary labeling system for packaged foods by the Australian Government. The Health Star Rating system (HSR) provides a fast and simple representation of the saturated fat, sodium and sugar content…
FTC and presumption of consumer reliance
Question: What’s the difference between US$600,000 and US$14 million in a contempt action? Answer: Presumption of consumer reliance, according to the Second Circuit Court of Appeals in Federal Trade Commission v. BlueHippo Funding, LLC.
The case began in 2003,…
UK IPO cracks down on misleading invoices
The UK Intellectual Property Offices warns trade mark owners to not be fooled by “‘renewal’ notices to holders of UK registered patents and trade marks offering to renew the rights for fees greatly in excess of the official renewal fees.”…
Failure to define “natural” stops pretzel case false advertising claims at the pleading stage
A Northern District Court recently told plaintiff’s counsel that merely alleging that a product contains ingredients that are not “natural”, without supplying any objective definition of natural, will not allow such claims to move past the pleading stage.
On August…
Facebook de-friends FriendBook
A trade mark application for “FriendBook” has been refused by the Australian Trade Marks Office, following a successful opposition from Facebook.
Australian company Northsword Pty Ltd filed an application on 19 February 2012 for the word mark “FriendBook” in…
