In POM Wonderful LLC v. The Coca-Cola Company, the US Supreme Court resolved much of the uncertainty surrounding the intersection of unfair competition claims under the Lanham Act relating to food labels and the strictures of the Federal Food, Drug and Cosmetic Act (FDCA).  These two federal statutes cross paths in cases where a food

CDAS partner Eleanor M. Lackman was featured as a guest writer for the Supreme Court of the United States Blog. Her post, “Symposium: Preferring substance over form and nature over manner, Supreme court finds that Aereo runs afoul of the purposes of the Copyright Act,” can be found below and on SCOTUSblog.com.

High Court Resolves Circuit Split on “Prudential Standing” to Bring False Advertising Claims Under the Lanham Act:  Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873 (2014) In what has become rare in recent years, the Supreme Court issued a unanimous opinion, this one deciding the proper test for what is often called “prudential”

Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc. This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high

The drama continues to unfold in the world of Internet retransmission of broadcast TV.  As we reported here, the Second Circuit on July 16 denied en banc rehearing of its holding that internet re-broadcaster Aereo did not violate TV networks’ public performance rights, despite vigorous dissents from Judges Chin and Wesley.  On September 5, the U.S.

A federal court in Washington gave some “Peace of Mind” to former members of legendary rock band Boston when it denied Boston’s band leader a preliminary injunction in a trademark dispute.  Plaintiff Donald Thomas Scholz (“Scholz”) is the founder and band leader of Boston, and undisputed owner of all of Boston’s trademarks.  Fran Migliaccio and

The Ninth Circuit recently nixed a street artist’s copyright infringement lawsuit against Green Day, finding that the band’s unauthorized incorporation of the artist’s work, Scream Icon, into its concert video backdrop was sufficiently transformative to be considered a fair use under copyright law.  Dereck Seltzer v. Green Day, Inc., et al., Case No. 2:10-cv-02103.

In Gary Friedrich Enterprises v. Marvel, the Second Circuit reversed the Southern District of New York, holding that there exist genuine disputes of material fact regarding the intent of a comic book creator and publisher Marvel Comics to assign renewal rights in “Ghost Rider” via a 1978 written agreement, the timeliness of the creator’s ownership

The Associated Press scored a significant victory this past week in a case indicating that the scales may be beginning to tip in favor of content owners in the battle over online copyright infringement. In Associated Press v. Meltwater, the United States District Court for the Southern District of New York granted plaintiff The Associated