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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 ยง 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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How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

LexBlog IP

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

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Reading list: The Kids Donโ€™t Stand a Chance: Unfair and Deceptive Advertising in Childrenโ€™s Apps

43(B)log

Mary Kate Fernandez, The Kids Donโ€™t Stand a Chance: Unfair and Deceptive Advertising in Childrenโ€™s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during childrenโ€™s television programming, is fundamentally unfair to child consumers.

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OM Weekly Digest 09/22/22

Olartemoure Blog

The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. In September, the Superintendency of Industry and Commerce (CPO) issued Resolution 60452 , which modified directives for submitting Industrial Design applications (ID).

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Cruella Costume Licensing: A Fashion Faux Pas

IPilogue

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disneyโ€™s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106
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After Being Sued By ACE, Nitro IPTV Now Faces a New DISH Network Lawsuit

TorrentFreak

The lawsuit alleged that Nitro TV offered subscription packages consisting of thousands of โ€œlive and title-curated television channelsโ€ available twenty-four hours a day, seven days a week, throughout the United States and abroad.

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Use of a 3D mark for a potato chip in an altered form: what is needed to avoid revocation for non use?

The IPKat

Furthermore, as regards to the Applicant's argument that the shape of a smiling face represented by the contested mark did not differ significantly from the habits of the food sector, it is common knowledge that deep-frozen potato products, such as fries and croquettes, are generally designed in the form of sticks, pucks or wedge-shaped.