The Lanham Act and state unfair-competition laws may not protect sponsors and organizers of the coming Olympics from the tactics of ambush marketers

Article Abstract:

Promoters of athletic events and other organizations that depend on sponsors are vulnerable to ambush marketers that associate themselves with the event but do not pay to become official sponsors. Most forms of this are difficult to prevent, as few marketers are so naive as to infringe on a protected trademark, though the Lanham Act provides a variety of theories and state laws can add enhanced damages and attorneys' fees. The Olympic Committee has special resources and protections, including a federal statute.

Corporate sponsorship, Event marketing

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In addition to unfair competition and Lanham Act claims, the advertising of prescription and over-the-counter drugs generates issues unique to the field

Article Abstract:

A recent flurry of prescription drugs making the transition to over-the- counter status has fueled a spate of lawsuits between drug manufacturers. These have involved section 43(a) of the Lanham Act, false advertising claims, and issues related to Food and Drug Admin oversight of the industry. Courts have examined the necessary implication principle and the prior- substantiation rule in lawsuits involving SmithKline Beecham, Johnson & Johnson-Merck, Marion Merrell Dow, Rhone-Poulenc Rorer, and others.

Drugs & Pharmaceuticals, Pharmaceutical and Medicine Manufacturing, Drugs, Advertising

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The recent flurry of merger-and-acquisition activity warrants a close look at the laws that govern the sublicensing of copyright, patent and trademark rights

Article Abstract:

The sublicensing of intellectual property rights has become a topic of concern as acquisitions and mergers of companies that have licenses for such rights become more common. Some licenses, such as those for copyrights, can be freely transferred. Others, however, must include specific authorization to transfer or reassign in the license agreement. The exclusivity of the license is usually a factor in such situations. Case and statutory law surrounding such transfers are discussed.

Analysis, Acquisitions and mergers, Intellectual property, Patent licenses, Patent licensing, Copyright licenses, Copyright licensing, Trademark licensing, Trademark licenses

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