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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. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.

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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! We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.

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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. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers? in small print on the side of the box.”

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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

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?

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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. 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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Coach narrowly alleges grounds for cancellation of similar marks

43(B)log

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