The protection of intellectual property is not limited to patents, trademarks and copyrights. A substantial body of federal and state law is directed to unfair trade practices and unfair competition, including laws that prohibit false advertising. Buchanan's IP-Litigation Practice Group has handled a wide range of matters involving claims made under Section 43(a) of the Lanham Act and state laws on unfair competition, unfair trade practices and false advertising. The team has successfully defended clients when they were sued under these laws. It has also used these laws, particularly the Lanham Act, to protect our clients against unfair competition in various forms, including false product comparisons and scientific claims made without proper testing and verification.
Representative Experience
- Deere & Co. v. MTD Products, Inc., United States District Court for the Southern District of New York. Represented Deere & Co. against a manufacturer of outdoor power equipment in a matter protecting Deere's famous green and yellow trade dress under the Lanham Act.
- Deere & Co. v. Jaden Kanga Group Pty Ltd., United States District Court for the District of South Carolina. Represented Deere & Co. against a manufacturer of compact loaders in a matter protecting Deere's famous green and yellow trade dress under the Lanham Act.
- Woody Allen v. American Apparel, Inc., United States District Court for the Southern District of New York. Represented defendant in an action for alleged violation of the Lanham Act and state law, which resulted in a settlement on favorable terms.