Remove 2018 Remove Advertising Remove Designs Remove False Advertising
article thumbnail

false advertising doesn't get around Dastar without some direct statements

43(B)log

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned. But what about false advertising?

article thumbnail

dissatisfaction w/Amazon's partner program isn't TM infringement/false advertising

43(B)log

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” “[T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” So too here.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

false advertising as a workaround when municipal codes are copied?

43(B)log

On Twitter, UpCodes claimed that their copies of building codes are “kept up-to-date with all the amendments integrated natively into the code,” and separately that they had integrated “all 973 amendments” to the New Jersey 2018 codes. UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

article thumbnail

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

43(B)log

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc.

article thumbnail

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

43(B)log

In 2018, in anticipation of a reunion tour, the three filed an application to register the service mark “JADE” for “Entertainment services in the nature of live musical performances” and related services. Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity.

article thumbnail

Reading list: The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps

43(B)log

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

article thumbnail

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This includes endorsements of personal experiences without disclosing the fact that they are paid for it.