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Intellectual Property Trademarks

Trademarks Making Advertising Claims Create Sticky Situations

The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors’ trademarks.

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A brand that uses its trademark as an advertising claim may find itself in a sticky legal situation. A recent case before the National Advertising Division of the Better Business Bureau (NAD) evaluated SharkNinja’s “Foodi NeverStick” cookware’s trademark and advertising claims. The case illustrates the complexity of using a trademark that describes product attributes.

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