IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. On February 3 rd 2022 Nike Inc. The Nike Suit. StockX Vault NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

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

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. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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

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? in small print on the side of the box.”

Branding 59

Branding Brands Branding False Advertising 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. But Whisker is not advancing trademark infringement claims based on those disclaimed marks. Purlife Brands, Inc., Automated Pet Care Prods.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. LVSA sued Groupon for trademark infringement. Melwani sells products under the “Royal Silk” brand. Melwani sued Amazon for trademark infringement, dilution, and more. Purchaser Care. Skydiving is expensive.

Trademark 79

Trademark Advertising Advertising Settlement 79

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker.

Trademark 64

Trademark Licensing Branding Brands 64

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

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

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon alleged that Lens.com infringed its trademark rights (including rights inherited from Novartis AG) by doing so. Likewise, ® and TM symbols let “consumers and competitors know you’re claiming [a] trademark as yours.”

False Advertising 72

False Advertising Trademark Advertising Advertising 72

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. and [the] Coach” brand. and [the] Coach” brand. Chunma USA, Inc.,

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

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. The Ninth Circuit has stated that surveys in trademark cases are to be admitted as long as they are conducted according to accepted principles” and “relevant.” Monster Energy Co. 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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. ” The Sports Auth., ” The Sports Auth., Prime Hospitality Corp. , 89 F.3d ” Id.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

IIPRD

AUGUST 4, 2022

Trademarks. 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. The easiest method to accomplish this is to register a trademark. Maintain your distinct brand identity. .

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.”

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Protecting brand investment and consumers? Color, product design. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

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

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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. Patent & Trademark Office. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 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. “little FTC Act” for being modeled after the FTC Act), as well as a count for unjust enrichment.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 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

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Each product name has a “part name” (a letter or combination of letters designating the product line) and a “model number” (additional numbers and letters that distinguish parts with different attributes).

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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

Trademark and Copyright Law Blog

APRIL 7, 2020

federal trademark register serves as a historical record of this entrepreneurial spirit, from the various applications related to 9/11 in the wake of that tragedy, to the dozen BOSTON STRONG trademark applications filed soon after the Boston Marathon bombing. That quote may not be entirely accurate, but the U.S.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

IP and Legal Filings

SEPTEMBER 21, 2021

For one, when a trade dress is exclusive to a particular brand, consumers may interlink its external appearance to the company and the quality of its products. Thus, the trade dress here acts as a metonym for the brand. Additionally, a brand can also license a trade dress in order to obtain monetary advantages.

Law 52

Law Branding Brands Branding 52

SpicyIP

APRIL 17, 2023

On 24 th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. At issue in Lt Overseas North America Inc & Anr. 2 (Lulu Mall).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. Axon was entitled to summary judgment on genericity.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. but helpful to research.

Designs 59

Designs Design Law Design Patent 59