Monthly Archive: December 2004

The U.S. Supreme Court has clarified a split in the circuit courts and limited to scope of protection a federally registered mark may have in a trademark infringement case. In Lasting Impressions, Inc. v. KP Permanent, the high court wrote, in its unanimous decision, that a defendant claiming fair use (based upon a descriptiveness defense) …

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Permanent link to this article: http://cobaltlaw.com/supreme-court-overturns-the-9th-circuit-and-inks-a-decision-on-the-fair-use-of-dye-names/

The Sixth Circuit Court of Appeals affirmed a lower court decision that transferred ownership of the domain name foradodge.com to Daimler-Chrysler, finding that the original registrant of the domain had a bad faith intent to profit from the mark, which was confusingly similar to Dodge’s advertised phone number 1-800-4-A-DODGE. The case, Daimler-Chrysler v. The Net, …

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Permanent link to this article: http://cobaltlaw.com/bad-faith-defendant-cannot-dodge-sixth-circuit-anti-cybersquatting-ruling/

Recently, Kraft foods was asked to substantiate a claim that its grated parmesan and romano cheese products were 100% cheese and contained no fillers when in fact, the little yellow fluff in the green foil canister actually contains cellulose powder, an anti-caking agent, and sorbate or sodium benzoate, both of which are preservatives. The NAD …

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Permanent link to this article: http://cobaltlaw.com/kraft-foods-cheesy-advertising-claims-grate-on-consumers/

This Fall, the New York Attorney General announced a settlement between it and McNeil-PPC, the makers of Tylenol, for advertising a sweepstakes promotion that appeared to require consumers to purchase a product in order to enter. Under the laws of all 50 states, consumers must be allowed to enter and win a sweepstakes without making …

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Permanent link to this article: http://cobaltlaw.com/new-york-settlement-gives-makers-of-tylenol-a-headache/

On November 2, 2004 California voters amended Section 17200 et seq of the California Business and Professions code. Prior to the amendment, plaintiffs’ attorneys could sue for unfair competition on behalf of the general public. Proposition 64 modified the law such that an attorney may only sue on behalf of a client who has suffered …

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Permanent link to this article: http://cobaltlaw.com/california-voters-limit-unfair-competition-claims/