2014, False Advertising and Trademark - Intellectual Property Pulse

2014

False Advertising

Trademark

Top Trademark Trends of 2022

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark

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

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Industria De Alimentos Zenu S.A.S.

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Trending Sources

Fish & Richardson Elevates 17 Attorneys to Principal

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

Due Diligence Patent Prosecution Litigation Intellectual Property

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

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying?

Advertising

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A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Cases

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. Octane Takes Off: Application to Trademark Cases. 1749 (2014). [2] The Pre- Octane Hodgepodge. 6] The D.C.

Trademark

Trademark False Advertising Litigation Copyright

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media

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Chief Judge Stark Passes the Baton to a New Chief Judge in the District of Delaware

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Stark, who served the District of Delaware well as Chief Judge since 2014. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P.

False Advertising

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The court of appeals affirms, on Rogers v.

Artistic Work

Artistic Work Television Trademark Trademark Law

Defendant's belief its ads were effective is evidence of injury

43(B)log

JULY 24, 2023

I n 2014, Amgen introduced Onpro, a new method for delivering Neulasta through an “on-body injector.” Injury: Damages and disgorgement under the Lanham Act require injury (for false advertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon).

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

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.” This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited. Although a co-owner might be entitled to an accounting, that was not a federal claim.

False Advertising

False Advertising Ownership Service Mark Advertising

Laches bars TM claims but what counts as "Made in the USA" merits trial

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

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Precedential No. 14: TTAB Dismisses RAPUNZEL Opposition: Professor Failed to Prove Entitlement to a Cause of Action

The TTABlog

MAY 8, 2023

The Board addressed this single, threshold question: "[I]s Opposer Rebecca Curtin, as a purchaser of goods bearing the challenged mark, entitled to oppose the mark’s registration under Section 13 of the Trademark Act, 15 U.S.C. Rebecca Curtin v, United Trademark Holdings, Inc. 118, 125 26 , 109 USPQ2d 2061 (2014)). "A

Registration

Registration False Advertising Trademark Business

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

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. On several of its websites, LHB also makes representations that it is an “Authorized TASER® Distributor” and that “TASER® is a Trademark of the Mister Stungun.”

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Top Trademark Trends of 2022

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

Trending Sources

Fish & Richardson Elevates 17 Attorneys to Principal

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

A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Cases

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

Chief Judge Stark Passes the Baton to a New Chief Judge in the District of Delaware

11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

Defendant's belief its ads were effective is evidence of injury

TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Laches bars TM claims but what counts as "Made in the USA" merits trial

Precedential No. 14: TTAB Dismisses RAPUNZEL Opposition: Professor Failed to Prove Entitlement to a Cause of Action

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

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