43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” Thus, the false advertising claim would be dismissed. False advertising law has a much more structured way of accounting for implications than trademark law does. The allegations related to the use of “M.D.”

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding.

False Advertising 71

False Advertising Advertising Advertising Government 71

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. Sybersound Recs., 3d 1300 (Fed.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A] They argued that B&D could grant a license and be protected as long as the owner exercised quality control.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

SEPTEMBER 20, 2021

Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. Now do trademark standing.) The parties disagree about how and whether they were authorized to do so.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. . ” Actual confused. “Undetermined.” Not relevant.

Advertising 90

Advertising Advertising False Advertising Trademark 90

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon alleged that Lens.com infringed its trademark rights (including rights inherited from Novartis AG) by doing so. Likewise, ® and TM symbols let “consumers and competitors know you’re claiming [a] trademark as yours.”

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. A: False advertising context: FTC/state AGs. But using yellow for a saccharin packet might be false advertising, b/c it would communicate the presence of sucralose rather than saccharin.

Trademark 59

Trademark False Advertising Fair Use Branding 59

43(B)log

SEPTEMBER 22, 2021

Ignoring entity shifts: De Simone used to license a probiotic formula to Alfasigma, which continues to make a probiotic under the same trademark, VSL#3, but now with a different formulation. The parties have been fighting for a while. Now De Simone’s entities compete with Alfasigma.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

MARCH 9, 2022

Lanham Act violations: §43(a) claims can be asserted by a non-trademark owner. As the licensee, Brown Bottling had “standing to bring false affiliation claims under Section 43(a).” But actual confusion isn’t required if the public believes that “the mark’s owner sponsored or otherwise approved the use of the trademark.” [Is

False Advertising 59

False Advertising Trademark Marketing Marketing 59

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

SEPTEMBER 1, 2021

May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

FEBRUARY 17, 2022

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. Similar reasoning applied to statements about licensing a pending patent (application). But ChromaDex does not own a patent on NR, a substance found in nature; it licenses a patent for one method of manufacturing NR.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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. This is a U.S Yuga Labs, therefore, still owns the copyright in each NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., 2008), held that misrepresentations about copyright licensing status did not relate to the “nature, characteristics, and quality” of a good under §43(a)(1)(B), unlike “the visual and audio quality of the good.” 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

AUGUST 17, 2021

Lexmark has crept into §43(a)(1)(A) via false endorsement; it will be interesting to see whether courts recognize that other trademark claims are likewise subject to a proximate cause requirement by that logic. 2021), which considered all these claims except for false advertising. The court was guided by Electra v.

Social Media 59

Social Media False Advertising Advertising Advertising 59

IIPRD

AUGUST 4, 2022

Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites. False advertising should be avoided when defaming a product. Reviews should be accurate and fact-based.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. Viacom made the Jersey Shore spin-off MTV Floribama Shore. The court of appeals affirms, on Rogers v. Yet both artists won.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 15, 2022

For years, Max Rack sold Max Racks through licensing agreements with defendant Core. Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. So a lot of interesting discussion of what suffices for a profits and damages award.

Advertising 59

Advertising Advertising Licensing False Advertising 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. But to call it a gray of the law is misleading, too. Most of the laws that apply to web scraping are well established with a long history of legal precedent to support them.

Blogging 121

Blogging Law Contracts Cease and Desist 121

43(B)log

FEBRUARY 24, 2024

We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. No, for so many reasons, including that the alternative to fair use is licensing.] Some sort of naked licensing/transfer in gross?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. 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. Sturgis Motorcycle Rally, Inc.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

IP and Legal Filings

SEPTEMBER 21, 2021

Additionally, a brand can also license a trade dress in order to obtain monetary advantages. Moreover, section 2 (zb) of the Act explicitly states that a trademark may represent a mark that is capable of being represented graphically and is capable of distinguishing the goods or services of one brand from another brand.

Law 52

Law Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Microsoft Technology Licensing v. The Microsoft Technology Licensing judgement was passed by a Single Judge Bench of Justice Sanjeev Narula. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Vintage Brand case: court asks whether consumer belief about sponsorship/licensing should be taken seriously or should be considered a legal conclusion about licensing.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

AUGUST 3, 2023

Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. Sheff: What about licensing/merchandising in this system? 3) reasonable measures to safeguard privacy interests. (4) 4) detailed records of works used and their provenance. TM law should facilitate disclosure or it will fall behind market.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. Do we value easy to apply rules? Or more flexibility for new tech and interests as they arise?

Trademark 69

Trademark False Advertising Fair Use Branding 69

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Law can shape roles: set exit and entry conditions (e.g. The roles of business and consumer have been applied flatly and wrongly. But these roles support only very thin social norms.

Law 119

Law Branding Brands Branding 119