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Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies

LexBlog IP

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. Are the reports advertisements?

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

Technology & Marketing Law Blog

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. 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. lululemon sought summary judgment.

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Likely confusion alone justifies liability but not damages or profits in exercise equipment case

43(B)log

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

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

43(B)log

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

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unrelatedness of goods trumps use of identical name for health records app, hand sanitizer

43(B)log

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

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WIPIP session 7: Design Law

43(B)log

Sex toys don’t seem to have been added until 2015. They’ve changed the design, but still claim authenticity: the authenticity is the brand. Eric Johnson: have they been successful in pushing others out of the market? It’s now hard to sort through the market to get a good one. Should separate the law from the marketing.

Designs 59