43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] citing Rezec v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

Editing 122

Editing Advertising Advertising Marketing 122

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

NOVEMBER 27, 2023

Design Gaps brought trade secret, tortious interference, and state and federal false advertising/false designation of origin claims against defendants. And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.” So too for the state law claims.

Copying 59

Copying False Advertising Designs Design 59

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising claims. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese registered copyrights for his photos in 2019.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

JULY 19, 2023

13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. Continental Casualty Company v.

Copying 40

Copying False Advertising Advertising Advertising 40

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Azurity sued Edge under the Lanham Act and a Massachusetts consumer protection law, Mass.

False Advertising 59

False Advertising Law Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 8, 2024

Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”

Trademark 101

Trademark Advertising Advertising False Advertising 101

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? It tried to get “rebinding rights” but Steeplechase said no.)

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). ICC also publishes “Custom Codes” that integrate these amendments into its codes; it sells physical and electronic copies of both kinds of codes. UpCodes Inc.,

False Advertising 59

False Advertising Law Advertising Advertising 59

IPilogue

DECEMBER 15, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”.

Social Media 105

Social Media False Advertising Copying Trademark 105

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet So why did I say the case was stupid? Allied Modular Building Systems, Inc.

Advertising 105

Advertising Advertising False Advertising Trademark 105

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. 24, 2023) More Posts About Keyword Advertising * Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v.

Advertising 89

Advertising Advertising False Advertising Trademark 89

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. The court, following Ninth Circuit precedent, applied anti-SLAPP law despite being a federal court, and included the Maryland claims. Did they plead lack of an adequate remedy at law? of a motion picture.”

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

JUNE 22, 2022

Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, OK, I’m not a big false endorsement fan, but … isn’t this false endorsement? Plaintiffs terminated an agreement to insure Securranty Inc.’s Insert your own insurance-related pun.)

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

JULY 3, 2023

The IAC is a self-executing treaty, having the force of law by virtue of its enactment. The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. Did intentional copying show intent to confuse?

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

JANUARY 17, 2023

As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. LW sued for copyright infringement, violations of both sections of Lanham Act §43(a), §1202 CMI violations, fraud, and state-law statutory unfair competition.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

OCTOBER 31, 2022

State tort claims based on enforcing a patent, including for tortious interference, are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.” Only tortious interference and defamation were at issue here, based on Lite-Netics’ accusations of HBL’s misconduct.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

Copyright Lately

MARCH 31, 2024

Atari asserts claims not only for copyright infringement but also “business disparagement,” unfair competition and false advertising as well. The de minimis defense isn’t often discussed in copyright opinions because lawsuits aren’t typically brought over relatively inconsequential instances of copying.

Copyright 78

Copyright Fair Use Social Media Artwork 78

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. CV 22-4735-RSWL-Ex (C.D. Breach of contract claims survived.

Marketing 59

Marketing Marketing False Advertising Contracts 59

Technology & Marketing Law Blog

JANUARY 8, 2024

the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

Trademark 81

Trademark Advertising Advertising False Advertising 81

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

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82

Artwork Contracts False Advertising Art 82

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

SEPTEMBER 27, 2021

He sued for violations of the Lanham Act and state-law claims. However, Miller alleged that the generic avatar was an “exact copy” of him, and easily identifiable as him. False endorsement: Rogers applies; realism is artistically relevant. “[T]here False advertising: Miller failed to plead statutory standing.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

SEPTEMBER 7, 2021

Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” I note that, looking at TSDR, Coach requested an extension of time to oppose at least one of these marks, but does not seem to have actually opposed them.)

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

JANUARY 13, 2023

Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. But what about false advertising? The court kicked out some but not all of the claims.

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The IPKat

AUGUST 25, 2023

Only a few days ago, news was shared online that energy drink brand Alani Nutrition sued Rise UP and an influencer for copyright infringement and false advertising due to the allegedly unauthorised reproduction of one of its advertising campaigns. in France, case law seems to be moving in this direction – here or here ].

Copyright Infringement 52

Copyright Infringement False Advertising Branding Brands 52

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.” A copy of the Memorandum Opinion is attached. at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

The IPKat

JUNE 13, 2022

NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales. Although they can infringement IP rights It is possible, although not necessarily lawful, for anyone to create an NFT. But, of course, they are not intellectual property… Don't worry, I'm exhausted too.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Another possibility is that Amazon will be the only player able to comply with the law, in which case the law entrenches an insurmountable competitive moat around Amazon’s marketplace). In other words, the law will produce outcomes that are directly opposite to what we want from Congress. What’s Regulated?

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59