In a recent trademark passing off case, TFI Foods Ltd. et al. v. Every Green International Inc., 2020 FC 808, the Canadian Federal Court granted an interlocutory injunction prohibiting the defendant from selling grey goods in Canada. Specifically,
On June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).)
The Ninth Circuit held that, irrespective of a state’s own standards for equitable relief, a federal court exercising diversity jurisdiction is bound by federal common law requirements for granting the equitable remedy of restitution, including the mandate that such relief
The Eleventh Circuit just ruled that a standard-setting-body’s interpretation of its own standards is an opinion that cannot support Lanham Act false advertising liability. Warren Technology, Inc. v. UL LLC, __ F.3d __, No. 18-14976, 2020 WL 3406585 (11th
Another chapter in the Outlaw Laboratories litigation drama has ended with another defeat for Outlaw.
In 2018 the FDA warned consumers that some “Rhino” products—supplements that compete with Outlaw’s own “male enhancement” supplements—were adulterated with the active ingredients found in
Please see our updated version of this article, published July 10, 2020.
As a further update to our post earlier this week, the Federal Court and British Columbia Supreme Court issued updated notices, and Quebec has extended its declaration of
Brand promotion may be seen as encompassing (at least) three distinct but overlapping modes:
(i) Advertising for the moment—the message is meant to drive immediate sales;
(ii) Advertising for post-sale burnishment—the message does more than sell products today, it builds
When times become tough, stressful and trying, many people react with humour. As the world finds itself in the midst of a global medical virus, a different type of virus – a virtual virus – has taken off and continues to grow. COVID-19. A virus interchangeably referred to as Coronavirus. A virus which is familiar to almost all of humanity at the present time. And a virus which has become the subject of many social media memes, jokes and other humorous online content.
But what happens when it is your business or personality that becomes the subject of such a “virtual virus”?
In February 2020, the Australian Competition and Consumer Commission (ACCC) released its compliance and enforcement policy and priorities for 2020. Amongst the ACCC’s key enforcement priorities will be a focus on misleading conduct in relation to the sale and promotion of food products, including health and nutritional claims, credence claims and country of origin claims. This enforcement priority has been driven by what ACCC Chair Rod Sims refers to as “the growing community attention to health-related issues”.
During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they