43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. We like copying!

Law 119

Law Branding Brands Branding 119

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). ICC also publishes “Custom Codes” that integrate these amendments into its codes; it sells physical and electronic copies of both kinds of codes. UpCodes Inc.,

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

FEBRUARY 3, 2024

A: definitely could be a factor. You can copy a Rembrandt and do a beautiful job but it’s not a Rembrandt.” They’ve changed the design, but still claim authenticity: the authenticity is the brand. Design w/in Reach was selling its copies as “museum quality reproductions.” PTO did a lot of work on the patent side.

Designs 59

Designs Design Law Design Patent 59

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. Death closes things off. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 8, 2024

The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. LoanStreet v.

Trademark 79

Trademark Advertising Advertising False Advertising 79