Battle of the PB&J: Smucker’s Is Crusty Over Trader Joe’s Private Label Sandwich
If you have a kid, or play in the NFL, you are likely familiar with The J.M. Smucker Company UNCRUSTABLES® a pre-made PB&J sandwich. According to The New York Times,...
Sunkist Squeezes Out a Win and Kisses Kist Goodbye!
SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: The TTAB incorrectly found that similar trademarks created distinct commercial...
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: In assessing genericness, the TTAB considers how the mark...
3rd Annual MCLE-a-thon: Navigating False Advertising Claims
As part of the firm’s 3rd annual MCLE-a-thon, partners Jonathan Hyman and Matthew Bellinger explore the latest developments in false advertising litigation. Jonathan and Matt discuss significant laws and cases...
In Nutrition Industry Executive Article, Knobbe Martens Attorneys Recommend Strategies to Avoid Advertising Pitfalls
In the article “Checking on Supplements: NAD’s Recent Guidance on Substantiating Ingredient vs. Product Claims,” attorneys Jonathan Hyman, Kate McMorrow, and Zoe Vikstrom examine a recent National Advertising Division (NAD)...
Of Broccolini and Branding: Don’t Let Your Trademark Wilt
Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking appropriate legal...
FDA and FTC Crack Down on Delta-8 THC Copycat Products
In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade...
In QSR Article, Knobbe Martens Attorneys Analyze Momofuku’s Enforcement of “Chile Crunch” Trademark
In the QSR article “Inside Momofuku’s Battle Over ‘Chili Crunch’ Trademark,” Knobbe Martens lawyers Alexander Zeng, Brandon Hupka and Jonathan Hyman discuss the evolution of Momofuku’s trademark enforcement strategy. Through the lens of trademark law,...
Federal Circuit Avoids Deciding Whether Statements to Foreign Patent Office Can Disavow U.S. Claim Scope
K-FEE SYSTEM GMBH v. NESPRESSO USA, INC.
Before Taranto, Clevenger, and Stoll. Appeal from the U.S. District Court for the Central District of California.
Summary: The Federal Circuit did not need to decide whether statements to the European Patent Office (EPO) can disavow claim scope in a U.S. patent because the statements in this case were too ambiguous to constitute disavowal.
Sean Murray and Jeremiah Helm Discuss Recent Fed. Circ. Case in Law360
In the latest installment of Knobbe Martens’ monthly Law360 series on notable Federal Circuit decisions, partners Sean Murray and Jeremiah Helm discussed a recent case that demonstrated how evidence of...
Federal Circuit Instructs PTAB How to Apply Public Accessibility Standard
WEBER, INC. v. PROVISUR TECHNOLOGIES, INC.
Before Reyna, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board.
Summary: Copyright notices in product manuals, which prohibited their reproduction and transfer, did not remove the manuals from the prior art.
FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of Aspartame and Sugar Products
Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or connection to social media content risk attention from the FTC and civil penalties of up to $50,120 per violation. Following revision of its Endorsement Guides in June, the FTC has continued to focus on influencer marketing, including recently in the area of health and safety.
In QSR Magazine, Lynda Zadra-Symes, Jonathan Hyman and Rachel Zacuto Discuss False Advertising Lawsuits in the Food and Beverage Industry
Partners Lynda Zadra-Symes and Jonathan Hyman, and associate Rachel Zacuto authored the article “The Rise of False Advertising Lawsuits in the Food and Beverage Industry,” published in QSR Magazine. In...
WTR Quotes Jonathan Hyman and Jonathan Menkes Regarding FTC’s Actions on Copycat Edible Cannabis Products
Jonathan Hyman and Jonathan Menkes, who co-chair Knobbe Martens’ CBD and legal cannabis group, were quoted by World Trademark Review (WTR) in the article, “FTC clamps down on copycat edible...
Hans Mayer Named Among “2023 Rising Stars” by Law360
LOS ANGELES, CALIF., June 21, 2023 – Knobbe Martens is pleased to announce that Hans Mayer, a partner in the firm’s Los Angeles office, has been selected as a “Rising Star”...
Jeff Van Hoosear Discusses High Court’s Ruling in Jack Daniel’s Case in National Law Journal Article
In the article “High Court’s ‘Bad Spaniels’ Decision Offers Warning to Creators in Commercial Space,” published by The National Law Journal, Jeff Van Hoosear, co-chair of Knobbe Martens’ trademark practice...
Pannu Factors Help Hormel Bring Home the Bacon
HIP, INC v. HORMEL FOODS CORPORATION
Before Lourie, Clevenger, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: To prove a claim of joint inventorship, an party must prove that the individual contributed in a significant manner, that the claimed contribution was not insignificant in quality when measured against the full invention, and that the individual did more than explain known concepts.
In QSR Magazine, Jonathan Hyman and Kate McMorrow Discuss What Restaurants Can Learn From Chipotle’s Trademark Lawsuit Against Sweetgreen
Partner Jonathan Hyman and Associate Kate McMorrow authored the article “What to Learn from Chipotle’s Legal Scuffle with Sweetgreen,” published in QSR Magazine. In the article, Mr. Hyman and Ms....
Jeff Van Hoosear Discusses Jack Daniel’s Supreme Court Case in National Law Journal Article
In the article “SCOTUS Asked to Balance First Amendment and Confusion in Jack Daniel’s Dispute,” published by The National Law Journal, co-chair of Knobbe Martens’ trademark practice group Jeff Van...
Timbits® in California – Real or Fake?
Attorneys Harnik Shukla and Julie Vo authored, “Timbits® in California – Real or Fake?” which was published on the Maple Business Council website. Excerpt: “The question remains, what actions could...
Knobbe Martens Secures Another Victory for Monster Energy Company in Trade Dress Case
Decision affirming discovery sanctions against Vital Pharmaceuticals upholds Monster’s earlier trial victory IRVINE, CALIF., August 3, 2022 – A team from Knobbe Martens secured yet another victory on behalf of...
