43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Internet Brands. In Asurvio v.

Blogging 119

Blogging False Advertising Law Advertising 119

LexBlog IP

SEPTEMBER 2, 2022

The complaint details efforts to post purchased positive reviews through “‘drip campaigns’ which involve ‘the steady flow of reviews’” that were designed to make the reviews appear natural and organic. We will be watching this case closely as it proceeds in litigation.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

SEPTEMBER 14, 2022

.” That same environmental information—encompassing the “E” in trending ESG—is of value to consumers who seek out and, at times, pay a premium for “green” branded products. There is a limited regulatory framework around green claims, making it prime for litigation.

Marketing 52

Marketing Marketing Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Will Freeman focuses his practice on patent litigation in U.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. Human desire for TMs? The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising.

Trademark 80

Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v.

Advertising 105

Advertising Advertising Trademark Settlement 105

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Lemley: similarly it’s been proposed that liability should follow the brand, e.g. for franchising. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45