article thumbnail

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 § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

article thumbnail

Google sues Sonos for Patent Infringement – Again

IPilogue

But this relationship soured soon after, with Sonos accusing Google of monopolistic practices and of using patent laws to squash competition from small companies. Sonos claims that Google’s infringement of over 100 of Sonos’ patents is deliberate and a business model. What may occur moving forward.

Insiders

Sign Up for our Newsletter

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

article thumbnail

"objectively baseless" patent infringement claims can constitute tortious interference/defamation

43(B)log

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D.

article thumbnail

Patent Law Exam 2023: Are you Smarter than a Law Student?

Patently-O

by Dennis Crouch The following is my patent law exam from this past semester. EL has no evidence whether Buddy Strap intentionally copied his patent application or not, but he suspects they may have since they came to market after he published his application.

article thumbnail

Dastar bars false advertising claim against "first of its kind" ads

43(B)log

Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.” But “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ ” and for whatever reason, it didn’t bring a patent infringement claim. Zobmondo Ent.

article thumbnail

Around the IP Blogs

The IPKat

The Fashion Law reports on a copyright dispute between Volvo and photographer Jack Schroeder and model Britni Sumida. The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission.

Blogging 126
article thumbnail

When Is Trade Secret Protection the Right Choice?

The IP Law Blog

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy. But there are exceptions and exclusions under patent law.