43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? Steeplechase Arts & Productions, L.L.C.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. And the copying here could also lead to an inference of deception. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. World Axe Throwing League, Inc. Cold Steel Inc., 2:20−cv−11407 JAK (Ex) (C.D. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

JANUARY 8, 2024

the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. 2023 WL 9051998 (E.D. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler However, the results are consistent with each other. LoanStreet v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

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. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

MARCH 13, 2023

Romero, 2023 WL 2445339, No. 27, 2023) The FTC still has some tools in its arsenal. Although he didn’t seek approval from either NIOSH or the FDA, in response to customer questions, he sent customers copies of a purported NIOSH certification. 5:21-cv-343-BJD-PRL (M.D. Romero operated a drop-shipping business.

False Advertising 56

False Advertising Advertising Advertising Business 56

43(B)log

NOVEMBER 9, 2023

Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of treatment of addiction and intoxication for decades.” New Directions Program v. 2:22-cv-01090-DAD-JDP (E.D.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

MAY 2, 2023

3d -, 2023 WL 3142311, No. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d 20-CV-192-JPS (E.D. The court here resolves only the Lanham Act claims, partially in ExeGi’s favor.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 20, 2023

Nepute, 2023 WL 4623089 , No. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 4:21-CV-437 RLW (E.D. The COVID-19 Act was enacted on December 27, 2020.

Government 52

Government Advertising Advertising Social Media 52

43(B)log

MARCH 10, 2023

Sports Mall, LLC, 2023 WL 2372068, No. 24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser.

False Advertising 59

False Advertising Advertising Advertising Copying 59

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.

IP 124

IP Copyright Trademark Intellectual Property 124

The TTABlog

MAY 8, 2023

2023 USPQ2d 535 (TTAB 2023) [precedential] (Opinion by Judge Michael B. For example, while a competitor who is forced out of business by a defendant’s false advertising generally will be able to sue for its losses, the same is not true of the competitor’s landlord, its electric company, and other commercial parties ….”

Registration 40

Registration False Advertising Trademark Business 40

43(B)log

MARCH 31, 2023

Lerner, 2023 WL 2664341, No. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.”

Ownership 59

Ownership Art Copyright Registering Trademarks 59

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52