Kelley Drye has extensive expertise in comparative advertising and trademark cases under Section 43(a) of the Lanham Act. Within the past few years, we have successfully brought or defended advertising and trademark cases on behalf of the following clients:
- BellSouth (BellSouth v. Hawk Communications). Obtained preliminary injunction in federal court in Atlanta enjoining the defendant’s "Dial Up at DSL Speed" claim.
- Burger King (Steak n’ Shake v. Burger King). Successfully defended against motions for temporary restraining order (TRO) and preliminary injunction seeking to enjoin Burger King's launch of its new steak burger sandwiches.
- Nextel (Nextel v. Verizon Wireless). Challenged implied superiority and establishment claims made by Verizon Wireless in connection with new product launch.
- Bissell (Bissell v. Hoover). Challenged comparative superiority claims made by Hoover for its SteamVac products.
- Burger King (Chick-Fil-A v. Burger King). Successfully defended a Lanham Act challenge to Burger King advertisements for its original chicken sandwich.
Other recent cases have been brought or defended on behalf of Pharmacia (Pharmacia v. Glaxo Smithkline -- smoking cessation product claims), Michelin (Bandag v. Michelin North America, Inc. -- retread truck tire performance claims) and Iovate (Iovate Health Services, Inc. v. MRI, Inc. - dietary supplements).
Back to: Advertising Law
|
