2023 Branding False Advertising Trademark Law 
Erik K Pelton
DECEMBER 20, 2022
Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Looking ahead to 2023. © 2022 Erik M.
43(B)log
JANUARY 27, 2023
2023 WL 416080, No. False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc., 22-02031 (KM)(MAH) (D.N.J.
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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. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. .” McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023).
Technology & Marketing Law Blog
JANUARY 8, 2024
I raised this taxonomical issue with the Network Automation case , which involved niche-y job scheduler software where a consumer who is new to the niche might not know the various brands when starting a search. 2023 WL 9051998 (E.D. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler
43(B)log
MAY 22, 2023
2023 WL 3556053, No. 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. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir.
43(B)log
APRIL 17, 2023
LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. But the unauthorized sale of a genuine product does not violate trademark law. BRYK Enters.,
SpicyIP
DECEMBER 30, 2023
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
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