43(B)log

SEPTEMBER 7, 2021

Instead, a plaintiff must plead “specific facts reflecting [the defendant’s] activity that, if proved, would amount to an attempt to create the impression that [the plaintiff] is the source of [the defendant’s] services” or goods, such as conduct outside use of the registered mark itself. Chunma USA, Inc., 2021 WL 1534988, No.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 69

Advertising Advertising Marketing Marketing 69

LexBlog IP

NOVEMBER 17, 2021

Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. Furthermore, the defendant’s improper use of the plaintiff’s registered trademarks in a way harmful to its unique character or repute cannot be consistent with honest practices in industrial or commercial concerns.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MARCH 31, 2023

Lanham Act false designation of origin, unfair competition, and cybersquatting: The complaint identified Henry Darger’s name as the relevant trademark (I don’t see how the Estate can plausibly claim to own it as a mark, but ok). “[W]hether

Ownership 59

Ownership Art Copyright Registering Trademarks 59