Remove 2022 Remove False Advertising Remove Ownership Remove Registering Trademarks
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truthful statement about role in developing product isn't falsified by later split

43(B)log

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

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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.”

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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.