IP and Legal Filings

SEPTEMBER 14, 2023

One of the early high-profile incidents of greenwashing is the infamous ‘Dieselgate’ of 2009 in which Volkswagen launched “clean diesel” cars just by installing a software to evade emission tests, which was later busted by the United States, Environmental Protection Agency.

Branding 80

Branding Brands Branding Trademark 80

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE But a factfinder could conclude that “the challenged advertising statements are material in that the statements involve inherent qualities or characteristics of the CRTN-3 product that could influence a consumer’s decision to purchase the product.”

Patent 59

Patent Advertising Advertising Licensing 59

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

43(B)log

SEPTEMBER 26, 2021

No decision I have found fully addresses what standing limits there are on Article I courts; the Court of Federal Claims applies Art. III standing requirements despite being an Article I court, e.g., Weeks Marine, Inc. United States, 575 F.3d 3d 1352, 1359 (Fed. Apparently there is a dispute over whether Art. III applies in bankruptcy court.)

Law 83

Law Art False Advertising Advertising 83

43(B)log

AUGUST 18, 2022

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

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. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

APRIL 12, 2024

Defendants retained and produced only California calls, but, based on the testimony in the case, the court concluded that the total number of misleading calls placed by defendants from March 2009 through April 2020 was 1,243,099.

False Advertising 59

False Advertising Law Reporting Marketing 59