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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

43(B)log

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” initial Bike+ app with [bike more] in name and b+ in icon 2021 Bike+ name with logo and "Bike" in icon Like the 2014 app, the 2021 app is for metric tracking while cycling.

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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

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Operators of Movie & TV Piracy Giant 8maple Sentenced to Prison in Taiwan

TorrentFreak

Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example. Initially, the site was promoted as a commercial advertising platform but soon transformed into a full-blown piracy portal pulling in millions of visitors each month and generating large sums in advertising revenue.

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Former distributor's continuing use of "authorized distributor" leads to TM and false advertising claims

43(B)log

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. When it was an authorized Axon distributor, LHB’s owner registered various domain names including taser.org and tasers.org to help it market Tasers online.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). lululemon’s brand also displays prominently in its keyword ads. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Labeled search results.

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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

43(B)log

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

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Gerber's Good Start troubles continue

43(B)log

As for the implied FDA endorsement: (1) A coupon affixed to certain GSG containers described it as “the first and only formula brand made from 100% whey protein partially hydrolyzed, and that meets the criteria for a FDA Qualified Health Claim for atopic dermatitis.” But most of the “high quality” studies would qualify under that restriction.