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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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"objectively baseless" patent infringement claims can constitute tortious interference/defamation

43(B)log

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D.

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Dastar bars false advertising claim against "first of its kind" ads

43(B)log

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. were not designed to protect originality or creativity.” “Yet Zobmondo Ent. Imagination Int’l Corp., CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D.

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy. But there are exceptions and exclusions under patent law.

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Around the IP Blogs

The IPKat

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The search for EUTM case law before EU Courts from the previous year was based on decisions included in the eSearch Case Law database.

Blogging 126
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When Is Trade Secret Protection the Right Choice?

LexBlog IP

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy. ” But there are exceptions and exclusions under patent law.

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District Court Finds Plaintiff Failed to Meet Pre-Filing Meet and Confer Requirements

The IP Law Blog

Plaintiff then moved to dismiss Defendant’s four newly added counterclaims in the FAC under Federal Rule of Civil Procedure 15 on grounds that Defendant failed to obtain Plaintiff’s consent or leave of court to file its FAC.