LexBlog IP

NOVEMBER 7, 2022

Seyfarth’s topics include: Advertising Litigation Developments. ET, Seyfarth will take the main stage to present a session that will address significant developments over the past year in advertising litigation, including consumer fraud class actions, Lanham Act cases, and NAD challenges.

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Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. Such a use is not actionable under the Lanham Act.”

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43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Taco Cabana, from 1992.

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43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D. back and spinal pain). Matkari, 7 F.3d

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IP Tech Blog

JANUARY 4, 2023

Copyright Act. The Copyright Act today includes an “ever expanding understanding of the word ‘writings.’” Due to the encompassing nature of the Copyright Act, a way in which NFT owners can protect their property is likely through copyrights. If yes, under what circumstances? The United States. Applicable IP Rights. Article 10.1

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LexBlog IP

JANUARY 4, 2023

Copyright Act. The Copyright Act today includes an “ever expanding understanding of the word ‘writings.’” ” Due to the encompassing nature of the Copyright Act, a way in which NFT owners can protect their property is likely through copyrights. .” If yes, under what circumstances?

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IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he Damages experts: The court began with a statement that a Lanham Act [false advertising] plaintiff must prove causation to get damages.

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43(B)log

FEBRUARY 24, 2021

Melissa Steinman: Shop Safe Act introduced trying to stop fakes in ecommerce; didn’t go through (attempt to create contributory liability for platforms) but will be reintroduced, so keep an eye out. Harris: Canada is similar; no specific green marketing laws, just Competition Act/provincial statutes. Reviews: Vitamins Online v.

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LexBlog IP

SEPTEMBER 29, 2022

Just as Shakespeare noted in Winter’s Tale (Act 5, Scene 2, lines 14-15 ), there is such a full body of “language in their very gestures” that doing that topic justice goes beyond the space available in this piece). This was made possible through amendments to the Trademark Act B.E. 2560 (2017).

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Technology & Marketing Law Blog

JULY 5, 2021

And it is assessed not by viewing acts in isolation but upon the totality of the evidence, including their timing… * Caraway Home, Inc. Defendant simply thought that the topic of pickleball on cruise ships would be interesting to the relatively few readers who visited his website. Pattern Brands, Inc., 2021 WL 1226156 (S.D.N.Y.

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43(B)log

NOVEMBER 9, 2023

The court first found that the Lanham Act claim was grounded in fraud and had to satisfy Rule 9(b). Challenged statement: “Jon Daily’s legacy will continue as [Sierra Health and Wellness] will keep all of their intensive outpatient program with the name Recovery Happens and his model of care.”

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Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” Lanham Act. It’s nice to see the judge distinguish erroneous and bad-faith applications of content moderation policies, especially on a motion to dismiss.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court. “Intellectual Property” Is Inherently Ambiguous.

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Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Fair Use and the Supreme Court As readers familiar with copyright law are aware, the Copyright Act states simply that “the fair use of a copyrighted work … is not an infringement of copyright.” [ 17 U.S.C. § Barton Beebe’s empirical work on this topic. In the first, Sony Corp. of America v. In Stewart v.

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LexBlog IP

MARCH 24, 2023

The justices had a bit of fun—and even laughed at points when hypotheticals highlighted the absurdity of what consumers might encounter in today’s online marketplace—but at the end of the day, raised very serious questions about the proper reach of the federal Lanham Act. Both Abitron Austria GmbH et. 280, 287 (1952).

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Patently-O

DECEMBER 12, 2021

The Lanham Act seems to say no, and the U.S. Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Guest Post by Samuel F. But what remedy should the Federal Circuit provide?

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