43(B)log

DECEMBER 15, 2023

were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.” 6:12-CV-499, 2014 WL 11848751, (E.D. July 25, 2014), report and recommendation adopted, No. 6:12-CV-499, 2014 WL 11829325 (E.D.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

43(B)log

JULY 3, 2023

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.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

43(B)log

APRIL 27, 2022

PG&E asked Eco to design a “cutout cover” to prevent animals from coming into contact with “cutouts,” a type of electrical device that rests atop utility poles. The resulting ECC-3, which is designed for cutouts made out of porcelain, is Eco’s most successful product and is also sold to other utility companies.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

magna cum laude , from George Mason University School of Law in 2014 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

JULY 24, 2023

I n 2014, Amgen introduced Onpro, a new method for delivering Neulasta through an “on-body injector.” But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

OCTOBER 24, 2023

In 2014, Marshall and Harris appeared together at the Judge Mablean Ephraim Foundation red carpet where they identified themselves as “Jade.” Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59