False Advertising Marketing Reference Trademark Law 
Technology & Marketing Law Blog
JUNE 8, 2024
We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” However, this injunction must navigate the obvious problems with the trademark.
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. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.
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Technology & Marketing Law Blog
SEPTEMBER 18, 2023
First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” There, the court similarly whittled down the number of references in the call logs for various reasons and also used a potentially dubious denominator.]
43(B)log
FEBRUARY 17, 2022
Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. It was also first to market.)
SpicyIP
MARCH 10, 2024
In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.
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.]. Trademark owners will weaponize that ambiguity.
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.” New Life Art, Inc., 3d 1266 (11th Cir. There was no requirement that the use be “necessary” to the art. Nor was referential use required.
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