The TTABlog

MARCH 19, 2024

Examining Attorney Yat Sye Lee submitted internet evidence that some eighteen different companies offer the goods of both applicant and registrant under the same mark (including SEPHORA, BATH & BODY WORKS, and PACIFICA), along with twenty use-based third-party registrations covering these goods. In re Salvation Nutraceuticals Inc.

Registration 57

Registration Marketing Marketing Copyright 57

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way.

Litigation 52

Litigation Advertising Advertising Reporting 52

43(B)log

NOVEMBER 9, 2023

Other statements dismissed as puffery: “ ‘Exceed the expectations of our clients’, ‘World Class’ and ‘Unlike any other in Northern California.’ ” as well as statements that defendants use “evidence based methods.” The court need not engage in the application of the intrinsic test in considering a motion to dismiss.”

False Advertising 64

False Advertising Advertising Advertising Copying 64