43(B)log

DECEMBER 15, 2023

were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.” CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D. Zobmondo Ent. Imagination Int’l Corp., The court here disagreed.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. The Design Patents are for a variety of powder guns and spray equipment.

Trademark 52

Trademark False Advertising Patent Registration 52

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.” Hippo Golf Co.,

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

AUGUST 18, 2022

However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. The district court certified a class of those who purchased the coffeemaker at a New Mexico Wal-Mart store from 2009 to 2013, approximately 40,600 members. The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more.

Law 45

Law Advertising Advertising Journalism 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. with highest honors from the Georgia Institute of Technology in 2009.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64