Trademark, Copyright & False Advertising Newsletter

In This Issue

• Second Circuit Splits From Sixth Circuit in Holding That Use “As a Mark” Is Not Required for Trademark Infringement Claim
• Eleventh Circuit Vacates Judgment of Trademark Validity Where Defendant Wins on Non-Infringement Grounds 
• Eighth Circuit Holds That TTAB Determination of Likelihood of Confusion Is Not Binding in Subsequent Infringement Action
• TTAB: Confusion Over Medical Device Names Not Avoided by Need for Doctor’s Prescription
• Second Circuit Stalls Google Class Certification Until Fair Use Issues Are Determined
• Second Circuit Decision Gives Artists Substantial Leeway to Transform Copyrighted Works for Artistic Purposes
• Second Circuit Holds That Conclusions in Scientific Study Are Not Actionable as False Advertising
• On the Horizon: Pending Legal Developments
• Practice News & Events