Trademark

The Sixth Circuit affirmed denial of a preliminary injunction against P&G’s Spruce weed killer, holding that Scotts failed to prove its Miracle-Gro green-and-yellow trade dress was distinctive enough to support a likelihood of confusion.

The Sixth Circuit held that Static Control Components had standing to sue Lexmark under the Lanham Act for false advertising in the toner cartridge market — a ruling affirmed by the Supreme Court in 2014 under a new zone-of-interests and proximate cause standing framework that displaced the split am