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DECEMBER 2022 RETAIL PATENT LITIGATION REPORT

LexBlog IP

Chipotle Mexican Grill, Inc. Claims: Infringement Defendant: Chipotle Mexican Grill, Inc. Cnsl: Eureka Intellectual Property Law Patents: 8,107,940 (System and method for providing advertising on a mobile device); 8,787,895 (System and method for providing advertising on a device) Ameranth, Inc. DoorDash, Inc.

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Hetronic remand: the continued rise of "use"

43(B)log

Hetronic International, Inc. It executed licensing and distribution agreements for the remotes with two European companies, collectively Abitron. 1117; see also 1-800 Contacts, Inc. WhenU.Com, Inc., Orris, Inc., Apple Inc., This is a proximate cause requirement (citing Lexmark ). 4th -, Nos.

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CAFC reverses Coca-Cola TTAB win in action involving Indian soda marks

LexBlog IP

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”). Under Lexmark International, Inc.

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The Top Ten TTAB Decisions of 2021 (Part I)

The TTABlog

Chutter, Inc. Great Management Group, LLC and Chutter, Inc. American Crocodile International Group, Inc. Philanthropist.com, Inc. The Coca-Cola Company v. Meenaxi Enterprise, Inc. In re Dolce Vita Footwear, Inc. Additional commentary on each case may be found at the linked TTABlog post.

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two opinions send "false advertising of certification mark" claim to jury

43(B)log

The Defendants are two companies that inspect structural plywood and, if it conforms to the PS 1-09 standard, stamp the wood as PS 1-09-compliant. Google, Inc., Defendants denied making any statements at all , since in their view it was the Brazilian companies that made and stamped the wood, and who were really speaking.

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

43(B)log

It primarily serves insurance companies, administering their glass breakage coverage; commercial customers who have vehicle fleets; and indivudal consumers who may or may not have windshield damage insurance. He also unsuccessfully sued insurance companies and Safelite based on similar claims in the past, including in 2003 and 2004.

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USC IP year in review, TM/ROP

43(B)log

The Second Circuit, in Hamilton International Ltd. The court applied the Lexmark zone of interests and proximate cause requirements, reasoning that “a plaintiff may not prevail on a false association claim without alleging a commercial injury.” Vortic LLC, No. 20-3369-cv (2d Cir. But Abrahams failed to do so. AJ Press LLC, F.Supp.3d

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