February 24, 2020 Advertising / Concussions / Fraud / Litigation

False or Frivolous? The Court Will Decide Whether Concussion Testing Company’s Claims are Valid

ImPACT Applications, Inc. filed suit on October 29, 2019 against its competitor, Concussion Management, LLC f/k/a XLNTbrain, LLC in the U.S. District Court for the District of Maryland. In its complaint, ImPACT alleges that XLNTbrain falsely advertised its products and services in violation of the Lanham Act. In addition, ImPACT alleges that XLNTbrain engaged in unfair competition practices.

Both companies market concussion assessment and management testing products with companion software. While both companies sell similar products, there are some notable differences. For one, ImPACT is …

October 16, 2015 Antitrust / PGA

PGA Tour – Not Quite Out of the Rough Just Yet

On Friday, October 9, 2015, attorneys for a group of professional caddies filed a motion in opposition of dismissal against the PGA Tour, citing violations of antitrust law, the Sherman Act, and the Lanham Act. The class action lawsuit, originally filed in February, centers around the issues of forced advertisement without proper remuneration and unfair trade practices, as the caddies argue the Tour obligated the plaintiffs wear bibs adorned with corporate sponsors not chosen by them at televised tournaments.

In opposition to the now second …

July 8, 2015 NFL / Trademark

Downward Spiral Continues for Redskins as Judge Upholds Trademark Cancellation Decision

On Wednesday, July 08, a federal judge ordered the cancellation of the Washington Redskins’ federal trademark registrations. United States District Judge Gerald Bruce Lee ruled that the U.S. Patent and Trademark Office should cancel the team’s trademark, finding that the name “may disparage” Native Americans.

Judge Gerald Bruce Lee’s decision affirmed the earlier ruling by the federal Trademark Trial and Appeal Board. In that ruling, the appeal board held in a 2-1 vote that the team’s moniker is offensive to Native Americans and therefore ineligible …

July 2, 2015 NFL

Sacking the Opposition: Redskins Fight Amicus Brief in Trademark Dispute

On Tuesday, June 30, the owner of the Washington Redskins challenged the Native American defendants’ request to introduce a parallel case’s amicus brief that addresses the rights to federal action of trademark holders under the Lanham Act and related First Amendment issues. According to the team’s objection, the brief was untimely, had not been allowed by the court, and offered further argument that did not constitute an authority.

At a hearing on June 23, the defendants argued that the Supreme Court’s decision in Walker v. …