43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

DECEMBER 16, 2022

False advertising: Plaintiffs alleged that the following statements from Roup’s website bio were false or misleading: “I knew that there was something missing from the boutique fitness community, so I combined my passion for dance and love for fitness to create The Sculpt Society.

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Hughes: could compare cases where they narrow the claim of the TM registration v. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

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? CV-21-01789-PHX-ROS (D. The court kicked out some but not all of the claims.

False Advertising 72

False Advertising Advertising Advertising Registration 72

SpicyIP

OCTOBER 27, 2023

False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. These representations could include false claims about trademarked features, which could result in legal action for false advertising and trademark infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

MARCH 13, 2023

You will not be shocked to hear that Romero also lacked a reasonable basis to claim that the masks he was selling were N95s, even though he posted a “Certification of Registration” with the FDA’s logo on it connected to some of the facemasks he sold that were purportedly of “N95” quality. Romero operated a drop-shipping business.

False Advertising 56

False Advertising Advertising Advertising Business 56

IP and Legal Filings

APRIL 28, 2022

It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others. Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. ” The Sports Auth.,

Fair Use 52

Fair Use False Advertising Trademark Branding 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Repudiation of the 512 Deal.

Trademark 138

Trademark False Advertising Advertising Advertising 138

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

Second, the Defendant was misrepresenting itself and creating confusion: they were using exact copies of Kaira’s marks and copyrighted works. Registration of the AMUL trademarks gave Kaira the exclusive right to use the trademark in Canada. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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

43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” Deliberate copying was irrelevant. Viacom made the Jersey Shore spin-off MTV Floribama Shore.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. may require disclosures and charitable registration: Draper James teachers giveaway. NY, DC, WA are considering similar taxes so it’s a trend to watch. Loot boxes are on the horizon.

Advertising 40

Advertising Advertising Law Privacy 40

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. The Board said no. Rebecca Curtin v, United Trademark Holdings, Inc.

Registration 40

Registration False Advertising Trademark Business 40

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. HULM Entertainment v. First, in Toyota v. d) Other IP Developments 1. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. Is that any different from what we see in other contexts?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Amazon went into users’ Kindles and removed copies of Orwell’s 1984. Property v. property: TM v.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

FEBRUARY 28, 2022

23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 25, 2023

We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general. 3) double identity and advertising: note that in the US comparisons for house brands are often made on the bottle or package! (4) 4) False advertising has similar theories to those discussed by Burrell in the US: misleading v.

Trademark 72

Trademark Marketing Marketing Advertising 72