43(B)log

DECEMBER 23, 2021

2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok IP Holdings, LLC v.

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43(B)log

SEPTEMBER 7, 2021

Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Indiana Secretary of State indicates that the corporation was created in 2021. The complaint alleges that JV Medical Supplies advertised, promoted, marketed and sold counterfeit products that included use of the BTL’s EMSCULPT trademark.

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43(B)log

AUGUST 20, 2021

Winder Laboratories, LLC, 2021 WL 3573118, No. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Contributory false advertising: This required direct false advertising, here either by the databases or pharmacies.

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43(B)log

SEPTEMBER 30, 2021

2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

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43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. Compare Kay v. 3d 1014 (N.D.

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Erik K Pelton

DECEMBER 20, 2022

Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use. Past issues of Top Trademark Trends: 2021: [link]. Metaverse and NFT Filings Decrease.

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43(B)log

AUGUST 20, 2021

2021 WL 1132147, Nos. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. 15md2645, 15mc2645 (S.D.N.Y.

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43(B)log

OCTOBER 11, 2021

18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No.

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Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir.

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43(B)log

AUGUST 27, 2021

5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for false advertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. Dynatemp Int’l, Inc. R421A, LLC, No.

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Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. 2021 WL 3117239 (C.D. June 7, 2021). More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. YouTube , Divino v.

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43(B)log

AUGUST 30, 2021

2021 WL 1731604, No. 22, 2021) Rodriguez alleged that Olé’s La Banderita tortillas falsely advertised Mexican origin based on a Mexican flag front and center on the packaging, the phrase “El Sabor de Mexico!” Gruma Corp, 2021 WL 1557748, No. Rodriguez v. Olé Mexican Foods Inc., EDCV 20-2324 JGB (SPx) (C.D.

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43(B)log

OCTOBER 4, 2021

2021 WL 4310576, No. 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.” Illinois Tool Works Inc. J-B Weld Co., 3:19-cv-1434 (JAM) (D.

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SpicyIP

APRIL 17, 2023

The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Image from here In this guest post, Alphonsa Jojan highlights how the 2021 Amendment Bill falters, on multiple grounds, in ensuring the upliftment of those who depend on Biodiversity and Traditional Knowledge. Where to lean on?

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43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

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43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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Social Media False Advertising Advertising Advertising 49

43(B)log

AUGUST 19, 2021

Shabat, 2021 WL 1146634, No. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. False complaints to Amazon weren’t “commercial advertising or promotion.” Defendants’ warning on their website regarding “unauthorized dealers” arguably was “commercial advertising” under the Lanham Act.

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43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products.

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LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. Takeaway No. Takeaway No.

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43(B)log

OCTOBER 7, 2021

Vindex Solutions LLC, 2021 WL 534361, No. 12, 2021) Telebrands sells stuff, including the Hempvana Rocket, a handheld transcutaneous electrical nerve stimulation (TENS) unit, “a pain-relieving pen that uses TENS therapy in the form of direct electrical stimulation to muscles.” Telebrands Corp. 21-cv-00898-BLF (N.D.

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43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

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Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. Internet Brands. Malwarebytes Inc, , 2021 WL 3493764 (N.D. In Asurvio v.

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43(B)log

AUGUST 10, 2021

Drone Whirl LLC, 2021 WL 3474007, No. Using our products description, our pictures that we have taken of our own products even our brand to falsely exploit our reputation, in order to make quick sales. Is this legitimate, either under general advertising law, or Amazon policy? Shenzhen Tange Li’an E-Commerce Co.

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Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v. 3d 1265 (M.D.

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LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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43(B)log

AUGUST 24, 2021

2021 WL 764121, No. 26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Walgreen Co. 5:20-cv-04805-EJD (N.D.

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43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.

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Law Privacy False Advertising Social Media 59

Indiana Intellectual Property Law

MARCH 17, 2023

Per the Complaint, Paul Kiley entered The Roller Ready as a Monkey Rung product in the 2021 National Hardware Show, where it was awarded a Retailers’ Choice Award. Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market.

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43(B)log

JUNE 27, 2023

or “A Taste of Mexico!”; (b) a Mexican flag on the front and center of the packaging; and (c) the brand name “La Banderita” (or “the flag”), a reference to the Mexican flag displayed prominently on the Products. All the accused products allegedly use: (a) the phrase “El Sabor de Mexico!” Trader Joe’s Co., 4th 874 (9th Cir.

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43(B)log

AUGUST 16, 2021

2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir. if forced to work the problem through. (1)

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43(B)log

AUGUST 17, 2021

Anheuser-Busch, LLC, 2021 WL 3501203, No. Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.” The target of this Action is not Defendant’s use of “a cocktail name as a brand name or fanciful name.” 20-CV-7451 (KMK) (S.D.N.Y.

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43(B)log

AUGUST 23, 2021

2021 WL 1104988, No. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” Monster Energy Co., 20-cv-1409 (LJL) (S.D.N.Y.

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43(B)log

SEPTEMBER 10, 2021

Kodiak Cakes, LLC, 2021 WL 1698695, No. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. 19-cv-2454-MMA (MSB) (S.D.

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43(B)log

SEPTEMBER 17, 2021

2021 WL 2476879, No. 17, 2021) The parties are cloud-based communications companies. Cybersquatting: Could Nextiva be held liable for the acts of its independent contractor “falsely register[ing] at least one domain name strongly suggestive of the RingCentral brand name.” RingCentral, Inc. Nextiva, Inc.,

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