MillerCoors alleges that Anheuser-Busch tv ads (which debuted on the Super Bowl) deceive consumers into believing that MILLER LITE or COORS LIGHT contain corn syrup (specifically, high-fructose corn syrup). Attached below are MillerCoors’ brief in support of its motion for a preliminary injunction, and the report of its expert, discussing his study that concludes that the commercials trigger negative sentiment as to MillerCoors and to corn syrup.

[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2019/04/corn-syrup-prelim-brief-1-1.pdf” download=”all”] [embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2019/04/corn-syrup-expert-reprot-1.pdf” download=”all”]

There, I said it.

Coverage on knock-off Super Bowl merchandise here and here.

Discussion of ambush marketing in relation to Super Bowl here and here.

Example of advertising which refers to “the game on Sunday” without using the term Super Bowl here.

While you’re watching the big game on Sunday, don’t forget during the slow parts to check The Trademark Blog for late-breaking trademark developments.  The Super Bowl is the Offiicial Profesional Football Championship of The Trademark Blog.

Discussion of not-shown Super Bowl ads here.  At this point I think GoDaddy may be ahead of the game.

 

SHEIN and TEMU are Chinese online retail platforms known for selling a wide range of consumer goods like clothing, accessories, and home products at low prices.

The de minimis tariff exception refers to a rule that allows small-value imports to enter a country without being subject to customs duties and taxes. In the United States, for example, the de minimis value threshold is currently set at $800. This means that most goods imported into the U.S. with a value of $800 or less per shipment are exempt from duties and taxes.

The exemption with regard to China was suspended on Feb. 5., and then reinstated on Feb. 7. It is unclear what the status of the exemption is at this time.

This tariff exemption rule is designed to streamline customs procedures and reduce costs for both governments and businesses or consumers, as it simplifies the process for small, low-value shipments.

U.S. Customs (“CBP”) stated in October of last year that 92% of all cargo entering the U.S. were in de minimis shipments. JFK Airport receives up to 1 million de minimis shipments a day.

Meta reported in 2024 that Chinese advertisers accounted for 10% of its revenue. Temu reportedly spends the most ads on Facebook while Shein spends a significant amount as well.

Temu was one of the largest spenders during the 2024 Super Bowl.

On Feb. 5, CBP issued an order suspending the de minimis exception on goods from China.

On Feb. 7, the president paused the suspension.

Congress and the Biden Administration had previously contemplated suspending the tariff exemption.

Kash Patel, nominee to head the FBI, received $1 Million and $5 Million in restricted stock from the parent company of Shein, for consulting services. Shein intends to go public on the London Stock Exchange.

Discussion of issues relating to the de minimis exception here.

Previous efforts to oppose Shein discussed here.

https://youtu.be/aYeXldMEpV8

Spuds McKenzie was a fictional dog character who appeared in Super Bowl commercials for BUD LIGHT in the late 80’s.  Trading on his reputation as The Original Party Animal, success came easy to Spuds and he reveled in the glamour and adulation.  But soon scandal caught up to him.  First, it was revealed that he was actually a female dog, which apparently was scandalous.  Then Spuds violated Ohio State law for appearing in an advertisement for alcohol, dressed as Santa.  Click the link if you don’t believe me. Then Senator Strom Thurmond argued that Spuds was intended to get children interested in alcohol.

Tired of the bad press, Anheuser Busch exercised the morality clause in its contract and fired Spuds in 1989. Spuds was last seen on an animated episode of Celebrity Rehab with Dr. Drew, appearing with Chester Cheetah, Joe Camel and the polar bear from the Coke commercials.

Plaintiff specializes in ‘re-claiming’ brands that had been, in its view, abandoned by the original owners. Brands that it has revived include AIWA, COLECO and BRIM.  It filed an application for SPUDS MacKENZIE for various pet products in 2013, and obtained a trademark registration.

In February, Bud brought back Spuds in a Super Bowl commercial entitled ‘Ghost Spuds.’  However, as Fitzgerald would say, there are no second acts in American dogs’ lives, and plaintiff has sued.

Sort of wonder about the copyright aspect to this.

[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2017/03/spuds-complaint-1.pdf”]