Advertising False Advertising Registration Trademark Law 
43(B)log
NOVEMBER 8, 2023
I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.
43(B)log
FEBRUARY 16, 2023
Fraud [not, apparently, pled as fraud on the PTO but argued that way]: “Fraud in procuring a mark occurs when an applicant knowingly makes false, material representations of fact in connection with an application.” “[T]he burden of proving that a party fraudulently procured a trademark registration is heavy.”
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Erik K Pelton
DECEMBER 20, 2022
And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.
43(B)log
OCTOBER 11, 2023
22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The district court doesn’t appear to care about what the registration is for; I had to look it up.)
Technology & Marketing Law Blog
AUGUST 30, 2023
This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.
SpicyIP
MARCH 10, 2024
Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [This is the most coveted payload for trademark owners.
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