43(B)log

SEPTEMBER 16, 2021

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. It has trademark registrations for the word mark “NEO4J.” Neo4j, Inc. 5:18-cv-07182-EJD (N.D. I still don’t know what that means, but ok.] Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

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Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test.

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Managing Intellectual Property (MIP) magazine recently recognized Fish & Richardson Associate Vivian Cheng as one of its 2021 “Rising Stars.” Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

SEPTEMBER 24, 2021

2021 WL 1893074, No. May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the differences in pleading standards applied to trademark and false advertising claims. Maffick LLC v.

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Advertising Advertising False Advertising Business 59

43(B)log

AUGUST 16, 2021

City of Pasadena, 2021 WL 3553499, No. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement.

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Fair Use False Advertising Intellectual Property Ownership 94

Technology & Marketing Law Blog

JUNE 12, 2022

Doe, 2021 WL 3631269 (D. Sells, 2021 WL 4429067 (S.D. 9, 2021): “Initial interest confusion, however, goes to the seventh likelihood of confusion factor – the existence and extent of actual confusion; it is not a stand-alone basis for a claim of infringement.” Citrusbyte, LLC, 2021 WL 5750238 (C.D.

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Trademark Advertising Advertising False Advertising 90

43(B)log

SEPTEMBER 6, 2021

Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir. Here, the parties compete in the market for addiction treatment.

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43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

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43(B)log

SEPTEMBER 27, 2021

2021 WL 4149782, No. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. Medhelp, P.C.,

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The TTABlog

AUGUST 12, 2021

Bayer Consumer Care AG, Bayer Healthcare LLC , 2021 USPQ2d 126 (4th Cir. 2021), reh’g denied , Mar. Welch 2021. TTABlogged here ]. Read comments and post your comment here. Text Copyright John L.

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False Advertising Advertising Advertising Trademark 89

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

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43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

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Copying False Advertising Social Media Advertising 64

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The Indiana Secretary of State indicates that the corporation was created in 2021. 5,572,801 and 6,069,279.

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False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 27, 2021

3:20-CV-251-DCLC-DCP, 2021 WL 3277260 (E.D. 14, 2021) (R&R) In this timeshare v. This matches pretty well with the trademark standard that unclean hands requires that the plaintiff must have secured the right upon which it sues by inequitable conduct. Collection Development, LLC v. Wesley Financial Group, LLC, No.

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43(B)log

DECEMBER 23, 2021

2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok IP Holdings, LLC v.

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False Advertising Advertising Advertising Designs 59

BYU Copyright Blog

APRIL 25, 2022

Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. March 2, 2022, EIF filed an Answer to the Second Amended Complaint. March 2, 2022, EIF filed an Answer to the Second Amended Complaint.

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False Advertising Copyright Infringement Confidentiality Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

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LexBlog IP

DECEMBER 10, 2021

Disgorgement in a noncomparative false advertising case: doctrinal drift? — Rebecca Tushnet (@rtushnet) December 10, 2021.

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False Advertising Advertising Advertising Intellectual Property 40

43(B)log

SEPTEMBER 7, 2021

Yu, 2021 WL 1518993, No. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. False advertising: “That Ms.

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False Advertising Fair Use Advertising Advertising 59

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising.

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Advertising Advertising Settlement Trademark 106

43(B)log

AUGUST 27, 2021

5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for false advertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. Dynatemp Int’l, Inc. R421A, LLC, No.

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IP Tech Blog

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

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False Advertising Registration Trademark Registering Trademarks 59

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Advertising Advertising Trademark Settlement 105

43(B)log

SEPTEMBER 22, 2021

17, 2021) Depressingly doubling down on its bizarre interpretation of the Lanham Act first created by misinterpreting California’s UCL, the Fourth Circuit nonetheless mitigates some of the consequences of that game of telephone in this opinion. (I De Simone v. Alfasigma USA, Inc., 19-1731, 847 Fed.Appx. 174 (4 th Cir.

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Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. as to the affirmative defenses of laches, acquiescence, and statute of limitations of Defendants as to Defendants’ allegedly infringing use of the EMERSON QUIET KOOL trademark. Civil Action No. 20-1652-LPS (D.Del.

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Trademark Copying Law False Advertising 66

43(B)log

SEPTEMBER 14, 2021

Doe, 2021 WL 3684116, No. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. Arizona Board of Regents v. CV-20-01638-PHX-DWL (D.

Social Media 53

Social Media False Advertising Advertising Advertising 53

LexBlog IP

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

AUGUST 26, 2021

4th -, 2021 WL 3233953, No. 2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. There was no genuine dispute of material fact that Klayman authorized the use of his name in the newsletter, so it was neither a false endorsement nor a false advertisement….

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False Advertising Advertising Advertising Editing 59

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. 2021 WL 3117239 (C.D. June 7, 2021). Want to Engage in Anti-Competitive Trademark Bullying? lululemon is the well-known yoga gear company.

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Advertising Advertising Settlement Trademark 105

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods.

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Social Media Television False Advertising Artistic Work 93

43(B)log

OCTOBER 1, 2021

2021 WL 424286, No. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion. Archi’s Acres, Inc. Whole Foods Market Service, Inc.,

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False Advertising Advertising Advertising Marketing 69

BYU Copyright Blog

OCTOBER 11, 2021

However, Columbia claims that the Encyclopaedia has always been a Columbia project that has been administered by its Center for Iranian Studies (of which Yarshater was the director for over 30 years), and that Columbia controls the associated copyrights and trademarks. In an order filed on October 8, 2020, the Court denied the injunction.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

SEPTEMBER 27, 2021

Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 16, 2021) Gordon v. False advertising: Miller failed to plead statutory standing. Compare trademark claims!] 20cv02187-LAB-DEB (S.D. Drape did mess things up in the Ninth Circuit, but core Rogers cases are still simple. He didn’t compete with defendants.

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Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc.

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Trademark Advertising Advertising Copying 66

43(B)log

OCTOBER 7, 2021

2021 WL 518021, No. 11, 2021) ShopRite sells organic vanilla soymilk. Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Shop-Rite Supermarkets, Inc.,

False Advertising 45

False Advertising Advertising Advertising Trademark Law 45

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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Social Media False Advertising Advertising Advertising 49