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Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

43(B)log

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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CFP: Trademark and Unfair Competition Scholarship Roundtable 2024

43(B)log

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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Falsely advertising "ghost guns" as legal in NY is actionable

43(B)log

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment.

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Playing From The Rough: Kirkland Signature™ Irons and The Doctrine of Equivelents

Patently-O

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. Trade libel claims survived for the same reason.

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Trademark Considerations for Copyrighted Works in the Public Domain

LexBlog IP

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

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D's consumer survey defeats class action about relevance of geographic origin of water for brewing beer

43(B)log

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.