43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

False Advertising 87

False Advertising Trademark Registration Advertising 87

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The Indiana Secretary of State indicates that the corporation was created in 2021. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

SpicyIP

SEPTEMBER 20, 2021

We informed our readers that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine” on September 22, 2021. The deadline for submission is 20th November, 2021.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

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. Trademark infringement: This just wasn’t use in commerce.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

AUGUST 18, 2021

2021 WL 1176242, No. 29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. Rebecca Curtin v, United Trademark Holdings, Inc. 2020), cert.

Registration 40

Registration False Advertising Trademark Business 40

BYU Copyright Blog

OCTOBER 11, 2021

However, Columbia claims that the Encyclopaedia has always been a Columbia project that has been administered by its Center for Iranian Studies (of which Yarshater was the director for over 30 years), and that Columbia controls the associated copyrights and trademarks. In an order filed on October 8, 2020, the Court denied the injunction.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods.

Social Media 93

Social Media Television False Advertising Artistic Work 93

SpicyIP

APRIL 17, 2023

On 24 th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Where to lean on? 2 (Lulu Mall).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also established trademark infringement. The Court did not grant default judgment on Kaira’s depreciation of goodwill claims.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 24, 2021

2021 WL 3089025, No. 22, 2021) Thayer markets THAYERS Natural Remedies, which are sold in drug stores, grocery stores, and other retail stores nationwide. Still, Thayer argued, it was part of a registration it had, albeit a disclaimed part. Henry Thayer Co., 4:20-CV-1678 RLW (E.D.

Registration 69

Registration Marketing Marketing Trademark 69

43(B)log

OCTOBER 5, 2021

2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. There are two pending applications for “Dadalorian,” both filed by non-Disney entities, and no registrations, if you are wondering.) Vinluan-Jularbal v. Redbubble, Inc.,

Registration 45

Registration Litigation Business Law 45