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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

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TTABlog Test: Are Backpacks, Wallets, and Purses Related to Cake Under Section 2(d)?

The TTABlog

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

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Charter of the French Language

LexBlog IP

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. This provides some breathing room for brand owners, but they should nonetheless start preparing well ahead of the June 1, 2025 deadline.

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The Importance of Trademark Protection When Copyrighted Works Enter the Public Domain

Corsearch

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? So, why aren’t Disney concerned?

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where cross-examination exposes lack of TM confusion, out-of-court confusion "evidence" becomes less credible

43(B)log

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Defendants market only their K12 brand nationally. Florida Virtual School v.

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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

43(B)log

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Peloton’s core brand is Peloton. Numerous leading brands, such as Apple (Apple TV+) and Disney (Disney+), had already adopted ‘+’ for their line expansions.” World Champ Tech LLC v.

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Trademarks And the Metaverse

IP and Legal Filings

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.