Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity.

Advertising 86

Advertising Advertising False Advertising Trademark 86

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. was present. was present.

False Advertising 59

False Advertising Advertising Advertising Copying 59

Technology & Marketing Law Blog

JANUARY 8, 2024

Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Trademark 79

Trademark Advertising Advertising False Advertising 79

43(B)log

DECEMBER 28, 2022

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. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. The DoCA had illustrated 10 practices as dark patterns.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. I’m not sure anyone is unclear on that, though—different politicians/groups just want conflicting things from regulation and Republicans in particular are presently pushing common carrier while Democrats are presently not.]

Law 119

Law Branding Brands Branding 119

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. In pursuance of this Costco filed the present appeal. Corp. , 287 F.2d

Fair Use 52

Fair Use False Advertising Trademark Branding 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Plaintiff hasn’t presented any evidence of it, but the court says that’s OK because I guess the court doesn’t expect to see these allegations in the complaint? Marketing channels. Actual confusion.

Advertising 99

Advertising Advertising Trademark Settlement 99

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

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

43(B)log

OCTOBER 11, 2022

Tofurky has never been the subject of enforcement action by any federal agency for marketing or labeling its products in a misleading manner. Plus, its labels and marketing materials prominently identified its products as “all vegan,” “plant based,” “vegetarian,” “veggie,” or “made with pasture raised plants” on the front of its packages.

Law 56

Law False Advertising Designs Design 56

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

The same reasoning applied and same genuine issues of material fact were present with respect to Axos Financial, Inc. Plaintiff is not seeking lost sales, lost market share, or lost goodwill, . . [and and that] Plaintiff did no corrective advertising.” A copy of the Memorandum Order is attached. Renosky , 399 F.3d

Trademark 66

Trademark Advertising Advertising Copying 66

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? Obligation not to stop copying, or a right to stop copying, is different.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 25, 2023

If you present that nuanced distribution, maybe 20% isn’t enough b/c of the large number of correct consumers. There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. New market entry opportunities? We urge introduction of that next level of detail to that.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. A single user can obfuscate its past identity from its present. TM law should facilitate disclosure or it will fall behind market.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” Deliberate copying was irrelevant. New Life Art, Inc., 3d 1266 (11th Cir. Nor was the use explicitly misleading. Yet both artists won.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JULY 20, 2023

On March 30, 2021, the FTC sent a letter enclosing a copy of the COVID-19 Act to Nepute’s attorney, informing Nepute that the Act “provides that marketers who make deceptive claims about the treatment, cure, prevention, or mitigation of COVID-19 are subject to a civil penalty[.]” The COVID-19 Act was enacted on December 27, 2020.

Government 52

Government Advertising Advertising Social Media 52