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Top Trademark Trends of 2022

Erik K Pelton

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130
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dissatisfaction w/Amazon's partner program isn't TM infringement/false advertising

43(B)log

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” Similar searches were also “frustrating”; Melwani alleged that the search results were “erroneous, scattershot, mingled” as well as “consistently confusing, misleading, false, and deceptive.” Amazon.com, Inc., So too here.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

.” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. Just referencing a trademark on the Internet does not support a trademark claim, full stop. Troia , 2022 WL 3544170 (S.D.N.Y. the SMJ case.

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Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Technology & Marketing Law Blog

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

IP 127
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 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. Hollywood Unlocked, Inc.,

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truthful statement about role in developing product isn't falsified by later split

43(B)log

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

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Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. 2022 WL 2664124 (D. July 11, 2022). Groupon, Inc.