43(B)log

APRIL 17, 2023

Nutrisearch Corp., Ariix alleged that “Usana pays NutriSearch and MacWilliam hundreds of thousands of dollars per year and provides substantial other benefits—such as book sales to Usana representatives—which altogether account for more than 90% of MacWilliam’s income.” Ariix, LLC v. 2023 WL 2933306, No. 17CV320-LAB (DDL) (S.D.

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

MARCH 16, 2023

Harbor Breeze Corp. Plaintiffs argued that defendants profited because their false fees came with a set dollar value. It seems more likely than not that consumers would—and did—care more about getting a good deal than where the cruise departs or whether a few dollars get added to the ticket cost. 2023 WL 2504988, No.

False Advertising 59

False Advertising Advertising Advertising Litigation 59

Technology & Marketing Law Blog

MAY 2, 2022

In conclusion: It appears that the CFAA’s prohibition on accessing a computer ‘without authorization’ is violated when a person circumvents a computer’s generally applicable rules regarding access permissions, such as user name and password requirements, to gain access to a computer. Eric’s Comments. Those claims RARELY succeed.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

43(B)log

MAY 2, 2022

Premier Nutrition Corp., The general rule is that “as long as [the survey] is conducted according to accepted principles and is relevant,” the “technical inadequacies in a survey, including the format of the questions or the manner in which it was taken, bear on the weight of the evidence, not its admissibility.” 2022 WL 1225031, No.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. 2d 630, at *5 (TTAB 2023) [precedential] (citing In re Change Wind Corp. ,

Designs 52

Designs Design Advertising Advertising 52

Patently-O

JANUARY 20, 2023

General Electric Company , 993 F.3d In the early 1900s, he started a radio and electronics equipment company in New York. They remember the idea, “lard it with a few of [their] own, patent it and start a new billion dollar industry on it.” Raytheon Techs. 3d 1374 (2021). He died with over thirty patents to his name.

Patent Law 94

Patent Law Law Inventor Patent 94

43(B)log

OCTOBER 11, 2022

Appian Corp. The parties’ products sell for millions of dollars to large corporations or government agencies, and there are many other vendors besides them. I’m proud to work for a company that is not afraid to undertake the unpleasant action of litigating against those whose actions we believe are unlawful and unethical.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

FEBRUARY 6, 2023

Roomster Corp., They explain that many of the listings on the Defendants’ platform are fake, and the platform is rife with fraudsters who have taken hundreds and thousands of dollars from its often-low-income users. Federal Trade Comm’n v. 3d -, 2023 WL 1438718, No. 7389 (CM) (S.D.N.Y. Of note: That certainly does not bother me.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 8] This general trend is seen in the first chart below, adapted from a recent white paper by Korok Ray. [9] Guest post by Jonathan Stroud.

Litigation 124

Litigation Reporting Settlement Government 124

43(B)log

APRIL 26, 2023

Microsoft Corp., In bringing its product to market, TocMail has issued two press releases, sent some emails to potential investors, and spent a few thousand dollars on digital advertising. 1994) (“Because consumer behavior is unpredictable, and because of the general rule in our [c]ircuit against making presumptions of injury.

False Advertising 59

False Advertising Advertising Advertising IP 59

LexBlog IP

APRIL 12, 2023

In brief, as reported by Reuters , Hetronic, an Oklahoma company, makes remote-control systems for cranes and other industrial machinery. Vitronics Corp. Brunswick Corp., Court of Appeals for the 10th Circuit erred in applying the Lanham Act, which provides civil remedies for infringement of U.S. Hetronic Germany GmbH, 10 F.4

Law 52

Law IP Intellectual Property Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars. Hytera Communications Corp. AT & T Corp., iii] See Packaging Corp. In Motorola Solutions, Inc. 436 F.Supp.3d 3d 1150 (N.D. Huber , 958 F.3d

Patent Application 52

Patent Application Law Patent Publishing 52