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Lanham Act

Sep 19, 2018

Intellectual Property – True statement prompts dismissal of Lanham Act claim

Liberty Counsel, an organization dedicated to advancing Christian causes, sued GuideStar, a nonprofit organization that maintains an extensive online directory of profiles on other nonprofits, after GuideStar reported the Southern Poverty Law Center had designated Liberty as a hate group. Because the statement about the designation was true, the court affirmed dismissal of the Lanham […]

Jun 1, 2015

First Amendment trumps NAACP’s trademark, 4th Circuit rules

An anti-abortion group did not infringe upon the NAACP’s trademark by referring to the venerable Baltimore-based black civil rights group as the “National Association for the Abortion of Colored People” in an online article, a federal appeals court has ruled. The Ashburn, Va.-based Radiance Foundation’s substitution of “abortion” for “advancement” in the NAACP’s name for [&hellip[...]

Feb 24, 2015

Intellectual Property — Trademark Infringement – Taxi Companies – Corporate Officer

Dao Travels, LLC v. Charleston Black Cab Co. (Lawyers Weekly No. 002-032-15, 12 pp.) (Patrick Michael Duffy, J.) 2:14-cv-01967; D.S.C. Holding: Even if the individual defendant was acting primarily for the benefit of the corporate defendant, a corporate official may be held personally liable for violations of the Lanham Act. The court denies defendants’ motion […]

Jul 19, 2013

Intellectual Property – Trademark – Settlement Agreement — Breach of Contract Claim – Damages – Declaratory Judgment – SCUTPA

Monster Daddy, LLC v. Monster Cable Products, Inc. Where plaintiff is an inactive corporation that does not earn profits, it has not shown any damages as a result of defendants’ alleged breach of the parties’ 2007 settlement agreement. On defendant Monster Cable’s motion for reconsideration, the court grants in part and denies in part Monster Cable’s motion for summary judgmen[...]

Jun 13, 2013

Administrative – Lanham Act Preemption May Work in Ethanol Case

American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; the 4th Circuit agrees with the district court’s grant of summary judgment for defendants, the state and a marketing association, on plaintiffs’ pre[...]

Apr 11, 2012

Intellectual Property – Lanham Act – Contributory Trademark Counterfeiting & Infringement – Copied Golf Clubs – Website Coach/Mentor

Roger Cleveland Golf Co. v. Prince Viewing the evidence in the light most favorable to the prevailing party (i.e., plaintiff), defendant Bright Builders was told that defendant Prince was selling “copied clubs.” Bright Builders assisted Prince in registering the domain name “”

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