Frito Lay Scooped On Infringement Claims

Defendants Medallion Foods, Inc. and Ralcorp Holdings, Inc. scored a jury verdict against Plaintiff Frito Lay on a variety of infringement claims. The Frito Lay claims were for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, 15 U.S.C. § 1051, et seq. (as amended); and for patent … More Frito Lay Scooped On Infringement Claims

Digital Content Not Subject to First Sale Doctrine

The Federal District Court in New York has ruled that the resale of digital music infringed the copyrights held by the music rights-holders’ in Capitol Records LLC v. ReDigi Inc, U.S. District Court, Southern District of New York, No. 12-00095. The Defendant ReDigi provided a service allowing purchasers of songs from iTunes to upload their … More Digital Content Not Subject to First Sale Doctrine

Negative Goodwill: The Law Of Unintended Consequences

Today, I’ll address a concept in business that I’ve labeled negative goodwill. An important concept in trademark law and business, goodwill is that intangible benefit a business derives from its reputation for providing quality products and services that consistently deliver the value promised.  An added feature of the branded product or service is the goodwill … More Negative Goodwill: The Law Of Unintended Consequences