False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It

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

Michael Best Launches Best Patent Blog!

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!

Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

As soon as Halloween passes, it seems, Dr. Seuss’ Grinch starts to appear, trying to steal Christmas. There’s the classic TV cartoon version, the movie version starring Jim Carrey, the Broadway musical version, and for 2018, another animated movie version, this one featuring Benedict Cumberbatch as the voice of the Grinch. A Grinch story of … Continue reading Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use

Some Legal Pitfalls in the Marketing of “Natural” Products

Demand for so-called “natural” products is increasing. According to one published report, the natural products industry is experiencing “an average of about 8 percent growth.” Dietary concerns are at least one driving factor for the growth as consumers reach for “natural,” presumably healthier foods. One CEO in the natural products industry attributes the growth to … Continue reading Some Legal Pitfalls in the Marketing of “Natural” Products