43(B)log

AUGUST 17, 2021

9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. Lexmark has crept into §43(a)(1)(A) via false endorsement; it will be interesting to see whether courts recognize that other trademark claims are likewise subject to a proximate cause requirement by that logic.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

FEBRUARY 17, 2022

ChromaDex used to just supply ingredients to others, but it launched Tru Niagen, a DTC supplement whose active ingredient is Niagen. Its primary product is a dietary supplement called Basis, a direct-to-consumer product which combines NR with a different substance, PT, which also used to be supplied by ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

IIPRD

SEPTEMBER 17, 2021

As this technique adds some new features to an existing product, it can be used to revamp a stagnant product in the market. As this technique adds some new features to an existing product, it can be used to revamp a stagnant product in the market. It is also a great way for new and small businesses to attract customers.

Editing 52

Editing IP Artistic Work Designs 52

Patent Trademark Blog

MAY 25, 2021

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard , statistics show that about 43% of trademark applications filed via TEAS receive an approval without any Office Actions.

Trademark 45

Trademark Registration Blogging Publishing 45

Technology & Marketing Law Blog

DECEMBER 27, 2022

The Court concludes that the simple use of a word frequently used in relation to animal-based meats does not make use of that word in a different context inherently misleading. Marketing. * FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Comptroller , No.

Privacy 98

Privacy Marketing Marketing Social Media 98

Patentably Defined

APRIL 28, 2020

Your brand is valuable. After all, your brand is WHO you are, WHAT you do, and WHY you do it. The single best way to protect your brand is with a Federal trademark. Here are seven legal reasons why you need to get a Federal trademark for your brand. They Make Protecting Your Brand Easier.

Branding 40

Branding Brands Branding Trademark 40

LexBlog IP

JANUARY 5, 2022

So, believing that the state’s usurpation of his right to control use of the copyrighted work essentially took from the photographer a valuable property right, the photographer made a takings claim, seeking just compensation for the state’s alleged taking, essentially an assertion of eminent domain over the intellectual property.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

JANUARY 25, 2023

Before we dive into your recent article, can you tell us about your background and how you came to write this paper? Before we get into the details of your article, what is a “patent thicket” in your view? ” [2] In my mind, the definition of a patent thicket is synonymous with “evergreening.”

Patent 52

Patent Branding Brands Branding 52

LexBlog IP

AUGUST 31, 2022

.’ And the Lord said unto Adam: ‘I shall give you an invisible weapon that will serve you and your children better than any weapons of fight or flight, a power that will save you even from yourself. Gardner, The Mocking Of The President 1 2 (Wayne State University Press 1988).]. I shall give you the sense of humor.'”

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

AUGUST 11, 2021

50% of opinions use access as the sole means to resolve prong one, 80% rely on it alone or in combination with some other factor or subtest. Experts only used under prong one in 3.8% Direct evidence, which court says is quite rare, is used in 17% of opinions. Possibly related to internet adoption. of opinions.

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

If that’s your kind of Kool-Aid, then you will like this opinion. Judge Oldham’s lead opinion goes out of its way to embrace a circuit conflict (“The Platforms urge us to follow the Eleventh Circuit’s NetChoice opinion. Background. The legal challenges then diverged. That was rogue behavior by the panel.

Social Media 137

Social Media Publishing Law Blogging 137