Category Archives: Litigation

A “Certified” Tagline

Under the Lanham Act, any person who makes false or misleading descriptions of fact in commercial advertising “shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.” 15 U.S.C. § 1125(a)(1)(B). “To invoke the Lanham Act’s cause of action […]

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Pop-Up Infringement

The animated television series “SpongeBob SquarePants” on Viacom’s Nickelodeon network is about a sponge who lives in a pineapple under the sea, and works at the fictional The Krusty Krab restaurant. Viacom licenses The Krusty Krab to third parties for products such as Krusty Krab playsets from The LEGO Company. Pixi Universal, LLC operates “pop-up” […]

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“Local” Not Factual Claim for False Advertising

Section 43(a) of the Lanham Act creates a cause of action for false advertising where a competitor “uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which . . . in […]

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“Suggested By” Top Guns’ Copyright Termination Notice

An author (or their heirs) may terminate a copyright assignment, or other transfer, under section 203(a) of the Copyright Act, 17 U.S.C. §§ 101, et seq. Depending on when the copyrighted work is published or not, an author may serve a notice of termination within a specific window of time at the end of thirty-five […]

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CUTSA Preemption in Colorado

The lawyers at Thomas P. Howard LLC successfully moved to dismiss Colorado civil theft and conversion claims as preempted by the Colorado Uniform Trade Secrets Act (“CUTSA”) in CORE Consultants, Inc. v. Ferran, No. 2021CV31719, 2022 WL 1637926 (Colo. Dist. Ct. May 5, 2022). The Colorado civil theft statute (see C.R.S.§ 18-4-405) provides: All property […]

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