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IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity

43(B)log

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.”

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

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. come from Italian ingredients, [are] processed and manufactured in Italian factories, and then exported.”

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

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. So, did Industria satisfy Lexmark ? This makes Colombians abroad get tricked.”

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Imputing Bad Faith in Trademark Infringement Disputes: Analysing DHC Nova v. Novya Judgement

SpicyIP

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

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Intellectual Property Rights for Social Media Influencers

IIPRD

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. Build your market reputation.

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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira has registered the AMUL trademark in Canada for use in association with milk products.