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
“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?