2018, Advertising, False Advertising and Service Mark

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2018

Advertising

False Advertising

Service Mark

copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

False Advertising

False Advertising Advertising Advertising Copying

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

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising

False Advertising Ownership Service Mark Advertising

Intellectual Property Pulse

copying competitor's website & reviews creates (c), TM, false advertising problems

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

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