Tag Archives: Lanham Act

Sixth Circuit Revives Competing Energy Shot Trademark Infringement and False Advertising Claims

The Sixth Circuit yesterday breathed new life into competing allegations of trademark infringement and false advertising related to the “5-hour ENERGY” energy shot and the “6 Hour POWER” energy shot.  The district court had granted summary judgment dismissing the trademark infringement claim, concluding that there was no genuine issue as to the  likelihood of confusion between the … Continue Reading

Contentious Trademark Cases Heading to Sixth Circuit

In the past few weeks, two contentious trademark disputes have been appealed to the Sixth Circuit.  In the first, L.F.P.IP. Inc., et al. v. Hustler Cincinnati, Inc., et al., Hustler Cincinnati and Jimmy Flynt, the brother and former business associate of Larry Flynt, appealed the Southern District of Ohio’s entry of a permanent injunction prohibiting … Continue Reading

Upcoming Food Fight at the Sixth Circuit

In our continuing coverage of cases that are making their way up to the Sixth Circuit, we noticed this recent appeal from the Western District of Michigan, Martha Elizabeth, Inc. v. Scripps Networks Interactive, LLC.  The case pits an owner of a retail business specializing in products for the home chef that uses the trademark … Continue Reading