IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 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

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. RectorSeal also sells a product known as the Metacaulk Box Guard.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

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. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers?

Branding 59

Branding Brands Branding False Advertising 59

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” False advertising: Only ok against Kitchen Cube. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 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. Motion to dismiss denied as to trademark infringement, false designation of origin, and unfair competition claims based on the use of Smarty Pear’s hashtags.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 27, 2023

9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. This method has been proven safe and will not harm your pet.

False Advertising 59

False Advertising Advertising Advertising Branding 59

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. On February 3 rd 2022 Nike Inc. StockX Vault NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 27, 2021

30, 2021) Dynatemp and another company sued defendants for false advertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. It contains a different lubricant that we believe you will find works even better.”

False Advertising 45

False Advertising Branding Brands Branding 45

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Internet Brands , 230 applies to the failure-to-warn claims because “Plaintiffs’ theory would require the editing of third-party content, thus treating Defendants as a publisher of content.”

False Advertising 85

False Advertising Social Media Publishing Advertising 85

43(B)log

JANUARY 27, 2023

False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? But ruling on that was premature before discovery.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 13, 2023

The revised perception survey involved presenting to respondents an un-branded ice cream product that displayed only the Vanilla Representations on the front label of the product. of respondents reported that they believed that “all of the vanilla flavor” comes from the vanilla plant; 16.6% were not sure.

False Advertising 56

False Advertising Branding Brands Branding 56

43(B)log

FEBRUARY 22, 2024

San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation. San Marzano tomatoes grown in the United States do not have the D.O.P.

Designs 69

Designs Design Branding Brands 69

The IPKat

AUGUST 25, 2023

Only a few days ago, news was shared online that energy drink brand Alani Nutrition sued Rise UP and an influencer for copyright infringement and false advertising due to the allegedly unauthorised reproduction of one of its advertising campaigns. Its right pocket has a small star-shaped embroidery with the brand's logo.

Copyright Infringement 52

Copyright Infringement False Advertising Branding Brands 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. eBay case from 2008.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ The Lanham Act false advertising counterclaim was dismissed.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

SEPTEMBER 7, 2021

and [the] Coach” brand. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. The complaint did “narrowly” state a claim. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

MAY 3, 2023

Puffery comes in two forms (1) subjective statements that cannot be proven true or false and are therefore non-actionable puffery as a matter of law and (2) objective statements that can be proven true or false but are so exaggerated that no reasonable buyer could justifiably rely on them.

Law 52

Law False Advertising Advertising Advertising 52

LexBlog IP

NOVEMBER 17, 2021

Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting. Thus, it cannot be held that the defendant acted in bad faith.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. For modern designers, this may be both a blessing and a curse. Maintain your distinct brand identity. . Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Evolving norms of communication and branding both have no punctuation/capitalization: lululemon. Color, product design. Death closes things off. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. Internet Brands. In Asurvio v.

Blogging 118

Blogging False Advertising Law Advertising 118

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

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 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