43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y. second-hand.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting.

Fair Use 59

Fair Use IP Trademark 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. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith. ” The Sports Auth., ” The Sports Auth.,

Fair Use 52

Fair Use False Advertising Trademark Branding 52

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. 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. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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. On websites, emails, and mailers, LHB uses Axon’s Taser character, stylized word, and design marks, often in proximity to its own marks. But is it a nominative fair use?

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. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

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 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Some objections go to the weight of the evidence.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2023

1A and Article III standing are there, but worrisome; casualness over stare decisis does suggest courts are willing to look at things from scratch—Vintage Brands; Netchoice—everything might be up for grabs. Does “brand personality” online change what TMs are about? Does “brand personality” online change what TMs are about?

Trademark 69

Trademark False Advertising Fair Use Branding 69