In writing this post, I had hoped to get back to basics and address the elements of a false advertising claim. But when doing so, the proverbial onion layers started to unravel—one of those layers being the theory of necessary implication, being a theory to prove falsities against a competitor under the Lanham Act. And … Continue reading False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It
We are very excited to announce the launch of our new Best Patent Blog! "This blog will provide the “Best” updates and timely information on legal developments and issues related to patents – from prosecution to commercialization to litigation. Our authors will offer expert insights, guidance, and analyses to help individuals and businesses navigate the … Continue reading Michael Best Launches Best Patent Blog!
Last week, global logistics leader United Parcel Service (more commonly known as “UPS”) sued three companies for trademark infringement. Those companies, as their names suggest, are a group of cannabis delivery companies: United Pot Smokers, UPS420, and THCPlant. Defendants use the websites http://www.ups.green and http://www.ups420.com to market and sell cannabis products and to offer delivery … Continue reading Cannabis Companies May Have to Ship Out After UPS Trademark Lawsuit
"If I can get a trademark just by using my mark to sell things, why should I register it?" We get this question a lot. It's a great question. Traditional answers include how having a federal trademark registration gives you nationwide rights, and how it can provide benefits in litigation. As times have changed, however, another … Continue reading The Benefits of Federal Trademark Registration
“There’s been a dust up in town,” my mother told me on my last trip home. A local restaurant had started getting calls for reservations and customers wandering in looking for their newly formed competition. The customers were confused, as the two restaurants had similar names. This seems like a pretty straight forward trademark story, … Continue reading How can a Business Provide a Description of What it is Selling While Having a Unique Brand?