43(B)log

MAY 19, 2023

In re Natera Prenatal Testing Litig., Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions. In 2016, Natera acknowledged the results of a published study which found that Panorama had an 18% PPV for DiGeorge syndrome, a rare genetic condition.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

SEPTEMBER 30, 2021

The groups didn’t learn of Sanderson’s alleged misrepresentations until August 1, 2016, so resources expended before that date weren’t pertinent. Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

Shades of Gray

NOVEMBER 2, 2016

On October 24, 2016, the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in extending Octane ’s holding to a trademark fee application. [2]. The Third Circuit was the first to apply Octane in a trademark action, followed by several others, including, most recently, the Ninth Circuit on October 24, 2016.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

AUGUST 31, 2021

The 2016 label references the “coastal hills” of Oregon as an “ideal region to grow” this type of wine. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

NOVEMBER 19, 2021

Meanwhile, Aquestive’s Libervant obtained orphan drug designation in 2016. The UCL claim was based on a mix of protected and unprotected conduct; Aquestive’s allegedly “extortionist behavior using litigation as leverage to force Neurelis into waiving [o]rphan [d]rug [e]xclusivity” was not subject to anti-SLAPP treatment.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

JULY 15, 2022

Max Rack argued that other courts have presumed actual confusion (and shifted the burden to a defendant to disprove it) when the defendant has intentionally deceived the public by using a deceptive mark or comparative false advertising. And Max Rack distorted the litigation with repeated inappropriate references to the addendum. “In

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

APRIL 17, 2023

The precise details of the agreement weren’t required at this stage in the litigation. This hidden financial agreement plausibly helped increase the sale of both Usana’s products and sales of the Guide itself—to Usana’s distributors. “ Citing, among others, Enigma Software Grp. USA, LLC v. Bleeping Comput. LLC, 194 F. 3d 263, 294 (S.D.N.Y.

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.

Editing 45

Editing Contracts Copying Law 45

43(B)log

FEBRUARY 24, 2024

State bars don’t have standing requirements and you don’t have to litigate in the case itself. 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).

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 24, 2021

Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation. made in Canada with imported parts).

Advertising 40

Advertising Advertising Law Privacy 40

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124