43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

SEPTEMBER 1, 2021

Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration. The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. False advertising/passing off: Same basic problems. Did Mandabach have valid marks? That favored a confusion finding.

Social Media 93

Social Media Television False Advertising Artistic Work 93

IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Branding 79

Branding Brands Branding Trademark 79

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Hughes: could compare cases where they narrow the claim of the TM registration v. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 3, 2023

They don’t use it often but they definitely have it, and more courts are following the Belmora approach of saying 43(a) gives them that authority.] (3) Most obvious formalism to her is set of presumptions and burden shifts that come w/registration. Lemley: is/should there be contributory false advertising liability?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 24, 2024

Crystals and mud story about this: in many to many, an attractive case for more crystalline, bright line, formalist rules for cancelling registrations. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised.

Fair Use 45

Fair Use Branding Brands Branding 45