Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. NYU Press, 2016). Putting pictures side by side often isn’t enough.

Fair Use 45

Fair Use Branding Brands Branding 45

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. The Division Bench comprised of Justices Najmi Waziri and Vikas Mahajan.

IP 124

IP Copyright Trademark Intellectual Property 124