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. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Technology & Marketing Law Blog

AUGUST 30, 2023

This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. LoanStreet v.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 4th 310, 327 (2011). Kwikset Corp. Superior Ct.,

False Advertising 59

False Advertising Advertising Advertising Business 59

IP and Legal Filings

MARCH 14, 2022

Further, it was also noted by the Court that Chanel had alleged sufficient factual content indicating RealReal’s sale of and advertising of counterfeit Chanel products, thereby proceeding to establish liability under 15 U.S.C. However, Chanel’s claims for infringement, false endorsement, and unfair competition under 15 U.S.C.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

Further, it was also noted by the Court that Chanel had alleged sufficient factual content indicating RealReal’s sale of and advertising of counterfeit Chanel products, thereby proceeding to establish liability under 15 U.S.C. However, Chanel’s claims for infringement, false endorsement and unfair competition under 15 U.S.C.

False Advertising 52

False Advertising Branding Brands Branding 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

Advertising 105

Advertising Advertising Settlement Trademark 105

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

OCTOBER 6, 2021

In a 2011 presentation, Walkowicz discussed their work on NASA’s Kepler Mission studying the constellation Lyra, including the constellation’s brightest star, called Vega.” I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

SEPTEMBER 14, 2021

From 2011 to the present, Defendant has published various advertisements stating that it is ranked or rated “#1” by the Today Show. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled.

False Advertising 45

False Advertising Advertising Advertising Television 45

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. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

JANUARY 2, 2024

10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., But, under Mantikas v. Kellogg Co., 3d 633 (2d Cir.

Branding 59

Branding Brands Branding Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Netscape and 2011 Network Automation cases modified it. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. ” (How about this: let’s not). Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. It advised that complications were “rare,” but could have “serious consequences.”

Advertising 59

Advertising Advertising Marketing Marketing 59