Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Per Malwarebytes , the online marketplace should qualify for Section 230 protection for the Lanham Act false advertising claims).

Trademark 136

Trademark False Advertising Advertising Advertising 136

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OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. But the cases go back and forth on this.]

Law 59

Law Privacy False Advertising Social Media 59

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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

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SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. 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.

False Advertising 45

False Advertising Advertising Advertising Television 45

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OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

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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. Safe Links is part of Microsoft’s anti-phishing and anti-malware Defender package.

False Advertising 59

False Advertising Advertising Advertising IP 59

SpicyIP

DECEMBER 30, 2023

These guidelines target practices such as false urgency, basket sneaking, subscription traps, confirm shaming, forced actions, nagging, interface interference, bait and switch, hidden costs, and disguised ads. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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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. Other defendants allegedly used their roles in the standard setting process “to disparage and preclude Geomatrix products from the market.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

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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. Eric Johnson: have they been successful in pushing others out of the market?

Designs 59

Designs Design Law Design Patent 59