43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 18, 2022

15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. False marking under 35 U.S.C. § The parties compete in this market.

False Advertising 72

False Advertising Patent Advertising Advertising 72

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. million, including the judgment, post-judgment interest, and projected damages from BTL’s alleged continuing infringement of its patent. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy.

False Advertising 72

False Advertising Advertising Advertising Litigation 72

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

SEPTEMBER 14, 2021

They’re fighting over cross-allegations of patent infringement, violation of state deceptive trade practices acts, and violations of the Lanham Act. I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. We make a tablet computer better than apple.

Music 59

Music False Advertising Advertising Advertising 59

43(B)log

MARCH 24, 2022

22, 2022) Evolve (and the Regents of the UC) sued Abbott for patent infringement related to an infant formula product; Abbott counterclaimed for false advertising under the Lanham Act and unfair competition under Illinois and California state law. Abbott argued that its label wasn’t “commercial advertising or promotion.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

MARCH 17, 2024

Defendant Diamond Distribution then sued Crocs for defamation, false advertising, and related state torts. The holding, at 12(b)(6); The Court finds that the complaint plausibly establishes that the press release contains materially false statements. . The full text of the press release is in the decision (link below).

False Advertising 52

False Advertising Settlement Advertising Advertising 52

43(B)log

AUGUST 31, 2021

The accused ads were clearly for goods, not services, let alone services “qualitatively different” from anything necessarily done in connection with selling the KICKR products. But POWERbahn further argued that the algorithms weren’t new and didn’t originate with the KICKR product. Those statements were falsifiable.

Technology 59

Technology False Advertising Invention Patent Infringement 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

Therefore, Plaintiff is seeking damages for Direct Patent Infringement in violation of 35 U.S. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a).

Trademark 52

Trademark False Advertising Patent Registration 52

IP Tech Blog

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

The IP Law Blog

OCTOBER 27, 2022

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.

False Advertising 98

False Advertising Patent Advertising Advertising 98

Patently-O

DECEMBER 6, 2021

AudioEye sued accessiBe for patent infringement (US10423709, et al.) as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). 2021.10.29 56 Public Version – Memorandum Opinion ].

False Advertising 77

False Advertising Patent Infringement Patent Advertising 77

SpicyIP

SEPTEMBER 20, 2021

In this post , Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

43(B)log

FEBRUARY 4, 2022

The parties compete to provide anti-spoofing and caller-authentication solutions for companies; TrustID has several relevant patents. It sued NC for patent infringement; the jury found the asserted claims valid but not infringed.

Advertising 45

Advertising Advertising Patent Infringement Patent 45

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act. A copy of the Memorandum Opinion is attached.

Advertising 56

Advertising Advertising Copying Technology 56

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. “They enrich our workplace and add enormous value to our client work.”. He received his J.D., magna cum laude , from George Mason University School of Law in 2014 and his B.S.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

Although this blog typically focuses on decisions rendered in intellectual property and/or antitrust cases currently in or that originated in the United States District Court for the District of Delaware or are in the Federal Circuit, every now and then there is a decision rendered in another federal trial or appellate court that is significant enough (..)

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Effective July 1, 2021, the Honorable Colm F. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P. Stark, who served the District of Delaware well as Chief Judge since 2014.

False Advertising 75

False Advertising Patent Infringement Advertising Advertising 75

Delaware Intellectual Property Litigation Blog

NOVEMBER 24, 2021

Wishing you and yours a Happy Thanksgiving!

False Advertising 94

False Advertising Patent Infringement Advertising Advertising 94

Delaware Intellectual Property Litigation Blog

DECEMBER 24, 2021

Wishing you and yours a Merry Christmas!

False Advertising 92

False Advertising Patent Infringement Advertising Advertising 92

Delaware Intellectual Property Litigation Blog

JANUARY 1, 2022

Happy New Year 2022!

False Advertising 74

False Advertising Patent Infringement Advertising Advertising 74

Delaware Intellectual Property Litigation Blog

MAY 31, 2021

In remembrance of those who gave the ultimate sacrifice for our freedom and appreciating those who serve our country.

False Advertising 53

False Advertising Patent Infringement Advertising Advertising 53