Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Overturning Tiffany v.

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

JANUARY 18, 2023

In 2010, the FDA issued a warning to a different food and beverage company, stating that its products were mislabeled “in that they contain the chemical preservative[s] ascorbic acid and citric acid but their labels fail to declare these preservatives with a description of their functions.”

Marketing 106

Marketing Marketing False Advertising Advertising 106

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. 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.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

OCTOBER 6, 2021

It had applied for trademarks for dolls named “Luciana” and “Princess Luciana” between 2006 and 2010, and its partner Mattel has long produced and sold space-themed dolls and accessories, including “Astronaut Barbie” in 1986. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning.

Law 45

Law Advertising Advertising Journalism 45

43(B)log

SEPTEMBER 14, 2021

In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered. Express Gold Cash, Inc. Beyond 79, LLC, 2020 WL 9848431, No. 18-CV-00837 EAW (W.D.N.Y. 15, 2020) Previous opinion.

False Advertising 45

False Advertising Advertising Advertising Television 45

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name. What if J-B Weld falsely advertised that its bonding products cure cancer or stopped global warming?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Microsoft Corp., 2021 WL 6750789, No. 20-60416-CIV-CANNON/Hunt (S.D.

False Advertising 59

False Advertising Advertising Advertising IP 59

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

FEBRUARY 3, 2024

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. A: will be talking to PTO historian; they ended up offering to refund fees to 2010 applicants if they’d abandon them, so may never find out what happened there. Some options are broad: medical services. but helpful to research.

Designs 59

Designs Design Law Design Patent 59