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False Advertising

Jun 29, 2018

Sixth Circuit Court of Appeals Affirms Fair Use of “Old Taylor” to Describe Colonel E.H. Taylor’s Historic Distillery Location

In a recent opinion, Sazerac Brands, LLC v. Peristyle, LLC, the U.S. Court of Appeals for the Sixth Circuit issued a decision finding in favor of a Kentucky bourbon distillery that their use of “the Former Old Taylor Distillery” or “Old Taylor” was classic fair use of Sazerac’s trademarks OLD TAYLOR and COLONEL E.H. » Read More

Feb 01, 2018

Getting Ready for the Super Bowl? Here’s Our NFL Trademark Highlight Reel

No doubt we are all looking forward to watching the face-off between the New England Patriots and the Philadelphia Eagles for Super Bowl LII this weekend.  If you’re in advertising, you favor the commercials.  If you’re in music/entertainment, you’re ready for Justin Timberlake’s performance for the halftime show.  » Read More

Jul 02, 2015

Consumer Sues Ghirardelli Chocolate Company for Deceptive White Chocolate Labels

A Puerto Rico resident filed suit against Ghirardelli Chocolate Company, on his own behalf and on behalf of other consumers in the U.S. territories, alleging that Ghirardelli mislabeled its white chocolate products and led consumers to believe that certain products contained chocolate when in fact they contained no chocolate, white chocolate, or cocoa derivatives.  » Read More

Feb 27, 2015

Hellman’s Owner Sues Competitor Over Egg-Free “Just Mayo”

Unilever, owner of Hellman’s, challeged Hampton Creek’s egg-free mayo product, “Just Mayo” alleging that the label, which depicts a pea shoot in an egg, falsely suggests to consumers that they are buying mayonnaise, which contains eggs.  Hampton Creek replaces eggs with yellow peas in its spread and touts the product as better for your body, wallet and the planet.  » Read More

Nov 14, 2014

Supreme Court allows POM Wonderful Lanham Act suit against Coca-Cola to continue

POM Wonderful LLC, which produces POM WONDERFUL® pomegranate juice, filed suit against Coca-Cola alleging that the label of one of Coca-Colas’ juice blends, which prominently displayed pomegranates and blueberries, was false and misleading because the product contained only scant amounts of pomegranate juice and blueberry juice, less than 1% total. » Read More