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MarkIt to Market® - March 2024

JD Supra Law

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

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UKIPO’s second report on social medial influencers and counterfeiting

The IPKat

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

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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 Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

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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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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. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

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[Guest post] Retromark Volume XIII: the last six months in trade marks

The IPKat

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. So: no joy on acquiescence, because five years wouldn’t be up until 2024.

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