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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. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

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Gerber's Good Start troubles continue

43(B)log

Plaintiffs alleged that these ads were false and misleading because there was no scientific evidence supporting the claim that GSG reduced the risk of developing certain allergies or atopic dermatitis. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3)

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

43(B)log

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Prior import plans in 2010-11 were paused.

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Kentucky bourbon distilled in Indiana?

43(B)log

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

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Top Trademark Trends of 2022

Erik K Pelton

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2014: [link]. The firm has registered more than 4,000 U.S.

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Fish & Richardson Elevates 17 Attorneys to Principal 

Fish & Richardson Trademark & Copyright Thoughts

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.

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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. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). lululemon is the well-known yoga gear company.