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Robert Klein

Recent Posts

Experts Face Greater Scrutiny at Class Certification Stage

The Supreme Court’s decision regarding expert testimony in Comcast v. Behrend is having an impact on cases where certification has already been granted. In the price-fixing litigation against a...

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Class Action/Class Certification

Supreme Court Raises the Stakes at the TTAB

The 2015 Supreme Court ruling in B&B Hardware, Inc. v. Hargis Industries means that the Trademark Trial and Appeal Board (TTAB) will get a lot more attention and resources than they have in the past....

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Trademark

For Want of a Survey...

A recently decided case in the Middle District of Florida (Pods Enterprises v. U-Haul International) showed how the lack of survey evidence can seriously weaken a claim that a trademark is generic....

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Trademark

Showing Irreparable Harm

In a March 2015 teleconference sponsored by the ABA entitled Irreparable Harm in Lanham Act False Advertising Litigation, three distinguished panel members (Roger Colaizzi of Venable, David Bernstein...

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Deceptive Advertising

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