43(B)log

MARCH 14, 2024

Crocs, Inc., The press release announced a judgment of infringement against USA Dawgs and Double Diamond Distribution as a result of both companies’ sales of imitation Crocs shoes. In conjunction therewith, Crocs also obtained $6 million and $55,000 in damages, respectively, against the companies. 2024 WL 1051951No.

False Advertising 59

False Advertising Advertising Advertising Branding 59

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. ”); Autodesk, Inc. I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. ”).

Trademark 132

Trademark Registration Advertising Advertising 132

43(B)log

JANUARY 3, 2024

Claims brought by former employees themselves (citing Rubris, Inc. McGraw-Hill Companies, Inc., Ankura Consulting Grp., LLC, 2021 WL 7210782 (D.D.C. And CCM pled that it lost customers based on the use of its employees’ identities in these emails. App’x 43, 45–46 (2d Cir.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

MARCH 31, 2023

L’Oréal USA, Inc., 2023 WL 2647958, 22 Civ. 1396 (AT) (S.D.N.Y. 27, 2023) Eshelby sued L’Oréal over its use of “Paris” (including as part of the brand name “L’Oréal Paris”) and French-language text in ads and on the front of packages when the products aren’t made in France.

Branding 104

Branding Brands Branding False Advertising 104

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., See Concord Music Group, Inc. for the Visual Arts, Inc. Anthropic PBC , M.D.

Music 52

Music Copyright Infringement Publishing Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Schwab-Vollhaber-Lubratt, Inc. Plaintiff Nitride Semiconductors (“Nitride”) sued Defendant Digi-Key for selling certain products manufactured by multiple electronics companies that allegedly infringed U.S. Nordic Track, Inc. Great Tan, Inc. , Medtronic, Inc. Carson Design & Mfg., Feb 2, 2022). Digi-Key Corp.

Litigation 52

Litigation Patent Designs Design 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

Principal Kenneth Darby and Associate Casey Kraning discuss the PTAB’s precedential decision in Sotera Wireless, Inc. In December 2020, the Board designated as precedential Sotera Wireless, Inc. Sotera Wireless, Inc. Fintiv, Inc. Reynolds Vapor Company v. For example, in Cisco Systems, Inc. Apple Inc.

Art 88

Art Journalism IP Litigation 88

LexBlog IP

SEPTEMBER 22, 2021

As described in the letter, some pharmaceutical companies engage in anti-competitive patent practices that artificially extend the manufacturer’s monopoly on a drug, prevent competitors from entering the market, and drive up the cost of drugs. Particularly, the Signors point to Apple, Inc. Fintiv, Inc.

Patent 52

Patent Designs Design Marketing 52

LexBlog IP

SEPTEMBER 27, 2021

companies abroad. economy, and costing American companies hundreds of billions of dollars in losses — and more than two million jobs.” economy, and costing American companies hundreds of billions of dollars in losses — and more than two million jobs.” Hytera America, Inc. IQVIA Inc. ,

Web Development 52

Web Development Confidentiality Invention Blogging 52

Technology & Marketing Law Blog

MAY 16, 2022

Remodeling, Inc. In Modern Remodeling , the court found that a defendant (“Kimball”) selectively deleted relevant text messages he exchanged with his co-defendants as they were attempting to establish a company that would compete against plaintiff. 2019); Nuvasive, Inc. Remodeling, Inc. Nuvasive, Inc. See Fast v.

Blogging 106

Blogging Litigation Intellectual Property Privacy 106

IP and Legal Filings

FEBRUARY 20, 2023

For example, the domain name “rli.com” stands for Reliance Industries Limited and represents both the company’s name and the distinct services it provides. This ultimately leads to dilution of the mark as its distinctiveness is marred and it also results in devaluation of the trademark in the eyes of the public.

Trademark 90

Trademark Registering Trademarks Registration Trademark Law 90

43(B)log

MARCH 6, 2024

Qoins Technologies, Inc., 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” SouthState Bank, N.A. 3d -, 2024 WL 911075, No. 1:22-CV-5020-MHC (N.D.

False Advertising 45

False Advertising Advertising Advertising Business 45

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 13, 2020

Mylan Pharmaceuticals Inc. 7] If a branded company initiates an infringement action against a generic company within 45 days of receiving notice of ANDA submission, this triggers a 30-month stay during which FDA cannot issue a final approval for the ANDA. [8] Inc. , No. Medtronic, Inc. , Mylan Pharm. 5, 2020).

Branding 52

Branding Brands Branding Litigation 52

Technology & Marketing Law Blog

MARCH 20, 2022

The court agreed that, while the parties were discussing a possible relationship, Carfax had granted Accu-trade and company some sort of access to the information in question. This case involves two companies battling over VIN and license plate information as well. Case citation : Carfax, Inc. Accu-Trade, LLC, et al. ,

Blogging 78

Blogging Licensing Law Business 78

43(B)log

APRIL 26, 2022

Therapeutics MD, Inc. Evofem Biosciences, Inc., A Squirt survey, by contrast, presents the consumer with multiple competing products, including the parties’ marks, and asks consumers whether they believe any two of the products are offered by the same company. 2022 WL 1013285, No. 20-CV-82296-RUIZ/REINHART (S.D.

Branding 45

Branding Brands Branding Advertising 45

43(B)log

SEPTEMBER 2, 2021

Punchbowl, Inc. 21-cv-03010-SVW-MAR (C.D. Plaintiff Punchbowl “is a technology company that develops online communications solutions for consumers, including online event invitations and greetings cards, with a focus on celebrations, holidays, and events.” AJ Press LLC, F.Supp.3d 3d -, 2021 WL 3356848, No.

Fair Use 88

Fair Use Journalism Music Registration 88

JIPEL Copyright Blog

APRIL 30, 2021

Of the many gaming companies, Nintendo was able to reach 60% market share in console sales in 2020. On August 9, 2017, Gamevice sued Nintendo for violating a patent used in Wikipad – the company’s own gaming-oriented Android slate – and sought both damages and an injunction against Nintendo selling the Switch devices.

Invention 40

Invention Patent Infringement Marketing Marketing 40

The IPKat

OCTOBER 7, 2021

LG Electronics, Inc, the court observed in a case where Core Wireless asserted cellular SEPs obtained from Nokia that “[i]t is undisputed that the baseband chips referenced in Core’s infringement contentions are Qualcomm baseband chips. Apple, Inc. 1 Opening Brief for Appellant Qualcomm Inc. Qualcomm Inc. , Apple Inc.,

Licensing 57

Licensing Litigation Technology Patent 57

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation. Bay Fasteners & Components, Inc. Onboarding Employees.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

43(B)log

SEPTEMBER 15, 2021

CVS Pharmacy, Inc., Edgewell Personal Care Company, F.Supp.3d 2021 WL 1559367, No. SA CV 20-01979-DOC-ADS (C.D. 22, 2021) Another pandemic case, this one alleging that CVS’s Advanced Formula Hand Sanitizer misleads consumers by representing that it kills 99.99% of germs. The front label read “Kills 99.99% of Germs*.”

Advertising 59

Advertising Advertising False Advertising Law 59

Trading Secrets

JUNE 3, 2022

In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc. at *8; see also Payward, Inc. Contractors Inc.

Law 59

Law Confidentiality Designs Design 59

43(B)log

AUGUST 7, 2023

Marriott Int’l, Inc., 19cv1715-JO-AHG, 2023 WL 4417265, -- F.R.D. – (S.D. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but rejecting the damages methodology for calculating class damages.

Advertising 52

Advertising Advertising False Advertising Government 52

43(B)log

APRIL 25, 2022

The Defendants are two companies that inspect structural plywood and, if it conforms to the PS 1-09 standard, stamp the wood as PS 1-09-compliant. Google, Inc., Defendants denied making any statements at all , since in their view it was the Brazilian companies that made and stamped the wood, and who were really speaking.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

AUGUST 25, 2021

Alfasigma USA, Inc. First Databank, Inc., 2021 WL 930453, No. 18-cv-06924-HSG (N.D. 11, 2021) Previous opinion. Alfasigma makes medical foods, which are allegedly not properly described as OTC.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 30, 2021

IPR2020-00019, Paper 11 (PTAB Mar. See Ericsson Inc. See, e.g., In re Adobe Inc. , 2020); In re Apple Inc., Netflix Inc. Netflix Inc., Netflix Inc., Netflix, Inc., The first such provision is the removal of discretionary denials of institution. Samsung Electronics, Co., et al , Case No.

Litigation 52

Litigation Patent Invention Business 52

43(B)log

MARCH 22, 2023

company whose products may be represented herein. Usana withdrew its support after NutriSearch awarded several other supplement companies, alongside Usana, with a Gold Medal rating in the Guide. Ariix LLC v. Usana Health Sci., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Usana responded, “Yes, if you give us the number-one rating.”

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

MARCH 16, 2023

Newport Landing Sportfishing, Inc., Companies obviously hope that advertising will be a boon to business. Harbor Breeze Corp. 2023 WL 2504988, No. SACV 17-01613-CJC (DFMx) (C.D. 13, 2023) Previous district court ruling on irreparable harm ; previous 9 th Cir.

False Advertising 59

False Advertising Advertising Advertising Litigation 59

LexBlog IP

MAY 9, 2022

One of the most important—yet often overlooked—issues in these cases can be summarized by the following question: “How do I prove my company’s trade secrets have been misappropriated without disclosing the very trade secrets at issue to the public?” Bard, Inc., Blackwell v.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Columbia Artists Management, Inc. , These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc. Cherry Auction, Inc. , See Metro-Goldwyn-Mayer Studios, Inc. Amazon.com, Inc. , Sinclair Broadcast Group, Inc. , Gershwin Pub. 2d 1159, 1162 (2d Cir. 3d 259, 262, 264 (9th Cir. Supreme Court.

Blogging 95

Blogging Copying Social Media Copyright 95

43(B)log

MARCH 25, 2024

Book People, Inc. Nor were cigarette companies required to make difficult contextual judgments weighing multiple factors to determine the warning, since the FDA did it for them. R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. Wong, 91 F.4th 4th 318, 340 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

SEPTEMBER 8, 2021

Orgain, Inc. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. Northern Innovations Holding Corp., 2021 WL 1321653, No. 8:18-cv-01253-JLS-ADS (C.D. 22, 2021) The parties compete in the market for nutritional supplements.

Copying 83

Copying Marketing Marketing Social Media 83

JIPL Online

APRIL 7, 2021

Euroquilt, Inc. , vii] Atlanta Braves Official Shop , MLB Shop, www.mlbshop.com/atlanta-braves/jerseys/t-14002950+d-7838440147+z-95-476224115 (last visited Mar. In Scandia Down Corp. the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [b]y 15, 2021), [link].

Marketing 98

Marketing Marketing Licensing Trademark Law 98

Technology & Marketing Law Blog

MARCH 10, 2022

Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: Spartz, Inc. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. DLB-21-401 (D.

Social Media 79

Social Media Contracts Ownership Business 79

43(B)log

MARCH 3, 2023

TRUSTID, Inc. Next Caller, Inc., Although TRUSTID’s CEO testified that IVR containment is “the single key metric for companies that use it,” there was no testimony from a Next Caller customer that did use or consider using VeriCall for that purpose. 2023 WL 2298748, 2022-1433 (Fed. I’ll only discuss the latter.

False Advertising 59

False Advertising Advertising Advertising Patent Infringement 59

LexBlog IP

MAY 9, 2023

The streaming companies claimed that the ’588 Patent was unpatentable due to obviousness. 1] Netflix, Inc. 23, 2021) [2] Netflix, Inc. Such was the case in an inter partes review (IPR) filed by both Netflix and Hulu petitioning U.S. 10,225,588 (“the ’588 Patent”), assigned to DivX. DivX, LLC , No.

Technology 52

Technology Patent Art Invention 52

Patently-O

APRIL 8, 2024

Vidal , with the pharmaceutical company challenging a PTAB IPR decision invalidating its patent. USA, Inc. , argued Mar. argued Mar. ” [2] On March 7, 2024, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Sumitomo Pharma Co. ” In other words, the claims do this for a single patient.

Patent 45

Patent Invention Settlement Licensing 45

LexBlog IP

APRIL 13, 2022

Copyright Claims: Roc-A-Fella Records Inc. Roc-A-Fella Records Inc. According to the Complaint, in early 2021, Damon Dash, who co-owns the record label Roc-A-Fella Records, Inc. (“Roc-A-Fella”) On November 16, 2021, film and television studio Miramax, LLC (“Miramax”) sued Tarantino and his company Visiona Romantica, Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52