Remove Advertising Remove False Advertising Remove Ownership Remove Registering Trademarks
article thumbnail

truthful statement about role in developing product isn't falsified by later split

43(B)log

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. into the company name, added the phrase ‘physician developed/formulated’ to the product descriptions, and used Dr. Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.”

article thumbnail

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Intellectual Property Rights for Social Media Influencers

IIPRD

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Make intangible assets.

article thumbnail

Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira has registered the AMUL trademark in Canada for use in association with milk products. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

article thumbnail

(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. E waits decades until A is dead; and then E publishes it under a purported grant from A, there is scant reason to credit the necessary ingredient of A’s intent to convey copyright ownership.”

article thumbnail

5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

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.

article thumbnail

USC IP year in review, TM/ROP

43(B)log

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94