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

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 78

Trademark Advertising Advertising False Advertising 78

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. It’s market definition. The definition expanded far beyond packaging/display.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d 3d -, 2023 WL 3142311, No. 20-CV-192-JPS (E.D. The court here resolves only the Lanham Act claims, partially in ExeGi’s favor. The parties compete in the market for probiotics.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59

43(B)log

OCTOBER 11, 2022

Nor could the state short-circuit constitutional analysis by adopting definitions of, e.g., “chorizo.” “[T]he 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.” Thus, Central Hudson applied.

Law 56

Law False Advertising Designs Design 56

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. I don’t think that’s true either. 3) Functionality.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

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.” Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 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