Balough
December 11, 2013
A website with a similar domain name as Jerry Falwell that criticized the evangelist does not violate either the Lanham Act or the Anti-cybersquatting act, the Fourth Circuit has found. Jerry Falwell successfully obtained an injunction against the website www.fallwell.com under both the Lanham Act and the Consumers Protection and Anti-Cybersquatting Act. The site was […]
Balough
December 7, 2013
A company that places pop-up ads on your computer when you search for a competitor’s website is not using the competitor’s trademark, a federal appellate court ruled. 1-800-Contacts, Inc. sued WhenU.com for the company’s practice of placing pop-up ads of other contact lens companies on a computer when the user types in 1-800-Contacts. The trial […]
Balough
December 7, 2013
It’s a hairy situation, but the Ninth Circuit has trimmed the ability of a hair replacement clinic to sue for trademark infringement. A dissatisfied customer of the Bosley Medical Institute, Inc. decided the best way to get even with what he felt was a bad restoration and replacement of his hair by the clinic was […]
Balough
December 7, 2013
Those ranchers who had a beef about paying the government for generic advertising promoting beef had their First Amendment claims butchered by the Supreme Court. In a 6-3 decision, the court said that promotions urging people to eat beef funded by a mandatory $1 a head tax on all cattle sold or imported into the […]
Balough
December 7, 2013
Unless you can prove it otherwise, Victor is not Victoria. At least that’s what the United States Supreme Court found when it ruled that Victor’s Little Secret did not dilute the trademark of Victoria’s Secret. Victor’s Little Secret is located in a strip mall in Elizabethtown, Kentucky, just outside of Louisville. It sells adult videos, […]
