LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

JD Supra Law

JULY 20, 2023

In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. 1051 et seq. By: McAfee & Taft

False Advertising 52

False Advertising Advertising Advertising Registration 52

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.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

Indiana Intellectual Property Law

JULY 16, 2021

Under the Agreement , ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. Trademark Registration No. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

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. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

False Advertising 87

False Advertising Trademark Registration Advertising 87

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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. In addition to patent infringement, BTL Industries also alleges that JV Medical Supplies has violated its trademark rights.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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.)

Licensing 49

Licensing False Advertising Advertising Advertising 49

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. Registration No. Registration Date. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. First in Finishing, Inc.’s OPTISELECT.

Trademark 52

Trademark False Advertising Patent Registration 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. It has registrations for the word marks “Litter-Robot,” “Litter-Robot 3,” “Litter-Robot 3 Connect,” and “Litter-Robot Pinch Detect.” Purlife Brands, Inc., 2023 WL 3046592, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JULY 15, 2022

The Sloan Group is the plaintiff, alleging trademark infringement and related claims. Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.”

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. And Peninsula cited a prior trademark prosecution by PennEngineering for admissions that the product design is functional.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Sybersound Recs., 3d 1137 (9th Cir. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. Plaintiffs did better on aspects of their Utah Truth in Advertising Act (UTAA) claims that did not require showing likely confusion. (Is Summary judgment for defendants. So it could go to trial.

False Advertising 59

False Advertising Law Advertising Advertising 59

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. One such instance is the advent of green trademarks or eco-marks.

Branding 78

Branding Brands Branding Trademark 78

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 135

Trademark False Advertising Advertising Advertising 135

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This can deceive users and harm the reputation of the original trademark owner.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

BYU Copyright Blog

OCTOBER 11, 2021

However, Columbia claims that the Encyclopaedia has always been a Columbia project that has been administered by its Center for Iranian Studies (of which Yarshater was the director for over 30 years), and that Columbia controls the associated copyrights and trademarks. In an order filed on October 8, 2020, the Court denied the injunction.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

SEPTEMBER 1, 2021

May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration.

Social Media 93

Social Media Television False Advertising Artistic Work 93

LexBlog IP

NOVEMBER 17, 2021

collectively, “ Kaira ”) commenced an action alleging passing off, trademark infringement, depreciation of goodwill and copyright infringement by, Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, And Patel Patel (collectively, the “ Defendants ”). Kaira also established trademark infringement. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

IP and Legal Filings

APRIL 28, 2022

It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others. It rejected Tiffany’s claim of trademark counterfeiting. ” The Sports Auth., ” The Sports Auth., Prime Hospitality Corp. , 89 F.3d

Fair Use 52

Fair Use False Advertising Trademark Branding 52

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

OCTOBER 11, 2021

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. They advertised that CJC contains 2,400 mg of sternal collagen among other ingredients.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 24, 2021

Trade names, Thayer argued, “only ‘communicate[ ] that any product bearing said trademark is authentic.’ ” But there were factual issues about the trade name: the ® only appeared after THAYERS, not after “Natural Remedies.” Still, Thayer argued, it was part of a registration it had, albeit a disclaimed part.

Registration 69

Registration Marketing Marketing Trademark 69

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 24, 2024

Crystals and mud story about this: in many to many, an attractive case for more crystalline, bright line, formalist rules for cancelling registrations. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Sturgis Motorcycle Rally, Inc.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

OCTOBER 5, 2021

There are two pending applications for “Dadalorian,” both filed by non-Disney entities, and no registrations, if you are wondering.) Vinluan-Jularbal bought two sweatshirts from Redbubble, one with a UN symbol and the other with “the Dadalorian,” which she alleges are counterfeit.

Registration 45

Registration Litigation Business Law 45

43(B)log

SEPTEMBER 7, 2021

26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Trademark infringement: This just wasn’t use in commerce. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45