Tag Archives: Lanham

Industry magazine publisher can be sued under Lanham Act due to allegations of financial interest in competing businesses

NY Machinery Inc. v. Korean Cleaners Monthly, No. 17-cv-12269, 2018 WL 2455926 (D.N.J. May 31, 2018)Plaintiff Lee is the President of NY Machinery (NYM), which sells washing machines and dry-cleaning products, and also owns Kleaners LLC, a magazine publication for … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , , | Leave a comment

competitor lacks Lanham Act standing absent allegations of why it in particular would be harmed by false advertising

Blue Star Press, LLC v. Blasko, No. 17-CA-111-OLG, 2018 WL 1904835 (W.D. Tex. Mar. 6, 2018) (magistrate judge R&R)The parties make adult coloring books, typically marketed as a means of relieving stress but proving stressful in this litigation. Blue Star … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , , | Leave a comment

Eavesdrop on a Lanham Act Oral Argument

PDF of the invitation here. At this teleseminar, October 11, 2011, 12:30-2:00 pm eastern, sponsored by the Private Advertising Litigation subcommittee of the ABA's Antitrust Section, three experienced Lanham Act litigators will present a mock argument. As part of the … Continue reading

Posted in Advertising Law | Tagged , , , | Leave a comment

Is it "Advertising"? The Threshold Issue in Lanham Act False Advertising Cases

A recent Florida federal case illustrates that Lanham Act false advertising defendants can win summary judgment on the threshold question of whether a communication to a customer qualifies as "commercial advertising" under the Lanham Act. In Suntree Technologies, Inc. v. … Continue reading

Posted in Advertising Law | Tagged , , , , , | Leave a comment

Feuding Over Family Tradition–TRO Denied in Lanham Act Hot Dog Case

A Chicago federal court denied a TRO in a Lanham Act case between rival hot dog companies — operated by different members of the same famous hot dog family. The court balanced the right to truthfully associate oneself with "family … Continue reading

Posted in Advertising Law | Tagged , , , , , , | Leave a comment