Remove 2013 Remove Advertising Remove False Advertising Remove Ownership
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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

In 2013, Marshall and Harris posted a video to YouTube.com titled “Jade — Continuum,” which included vintage footage of Jade, including Reed, from the 1990s, and promotional material for a new recording featuring Holloway under the name “JADE.” This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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Dastar prevents misrepresentation of source of IP from being material

43(B)log

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. But WPI’s allegations still went to contested ownership of the information contained in the Modigliani Material, rather than the Modigliani Material as a physical product.