43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

Copyright Lately

MARCH 31, 2024

Its lawsuit reeks of an opportunistic attempt to profit from State Farm’s mistake rather than a legitimate effort to protect its copyright from real market harm. Atari asserts claims not only for copyright infringement but also “business disparagement,” unfair competition and false advertising as well.

Copyright 78

Copyright Fair Use Social Media Artwork 78

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. The parties compete in the industrial fastener market. PennEngineering’s “ceci n’est pas une Ford” theory of counterfeiting falls flat.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP and Legal Filings

APRIL 28, 2022

Tiffany filed the present application against Costco two months after it stopped using the “Tiffany” mark in the District Court for the Southern District of New York, alleging trademark infringement, counterfeiting false advertising among other things. ” The Sports Auth., Corp. , 287 F.2d 2d 492 (2d Cir.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52