Beyond the Coke® and Pepsi® Challenge: Liability with Regard to Comparative Advertising

Beyond the Coke® and Pepsi® Challenge: Liability with Regard to Comparative Advertising

In 1975, Pepsi-Cola launched an advertising program in which patrons at shopping malls all over the United States engaged in a blind taste test of Coke and Pepsi. The results tended to favor Pepsi and “the Pepsi challenge” was an important feature of Pepsi-Cola’s advertising in 1975. Although the “Pepsi challenge” is a famous example

The New “Small Claims Court” for Copyright Claims under the CASE Act

The New “Small Claims Court” for Copyright Claims under the CASE Act

In order to “promote the progress of science and useful arts,” the U.S. Constitution (Art. 1; Sec. 8) gives Congress the authority to secure the exclusive rights to their creations and discoveries to authors, artists, and inventors. Although filing a copyright registration is not a “one-click” operation, depending on the complexity of the particular filing,

The Changing World of Intellectual Property in Academic Settings

The Changing World of Intellectual Property in Academic Settings

Arthur Chaykin, head of the Intellectual Law Group at Kennyhertz Perry, recently finalized the successful settlement of a case involving the inventorship rights of a university professor. Professors and students often create intellectual property as part of their academic work and there is increased interest and debate as to who owns the intellectual property, how

Software Patentability: Federal Judge explains how to go through the Alice looking glass.

Software Patentability: Federal Judge explains how to go through the Alice looking glass.

The question of the extent to which software innovations were patentable has long confused attorneys and their clients. Section 101 Patent Act welcomes “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” But an important exception pertaining to software patents was identified by the U.S. Supreme

THE ENFORCERS STRIKES BACK

THE ENFORCERS STRIKES BACK

Kansas City is giddy about the success of its football team. Many artisans, designers, entrepreneurs, and other creative people are presenting a wide range of team, player, and “Big Game” merchandise for sale. However, as we expected, owners of various trademark and publicity rights are aggressively increasing their enforcement efforts. Regardless of one’s intention to

The Good, the Garnish, and the Gather: Looming Court Fight Teaches a Great Deal About Branding and Trademark Rights

The Good, the Garnish, and the Gather: Looming Court Fight Teaches a Great Deal About Branding and Trademark Rights

Garnish and Gather, LLC (“G&G”), a relatively small Georgia company selling meal kits and fresh and prepared foods, has filed a trademark lawsuit in the Southern District of New York against Target Corporation to stop Target’s use of “Good & Gather” as its new in-store food brand. The history and current status of the case