Remove 2022 Remove Designs Remove False Advertising Remove Registering Trademarks
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Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

43(B)log

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. A notice of allowance issued in 2022. the aforementioned book; and USPTO records showing over 570 live registered trademarks using the term “good” to describe meats and processed foods.

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark. Coca-Cola Company, 38 F.4th 4th 1067 (Fed.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

“Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” They also used Darger’s name, identity, and likeness to “exploit” his works and by registering the domain name “officialhenrydarger.com.”