43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. 14, 2023) This is the trademark side of the case.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

JANUARY 23, 2023

The parties compete in the market for audio products and sell competing models of multichannel amplifiers on different platforms, including Amazon. The false statement at issue is OSD’s claim that one of its products, an amplifier, has a signal-to-noise ratio of 115 decibels.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 83

False Advertising Advertising Advertising Copying 83

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. Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview. Chapter 9: False Advertising Practice and Remedies. Price: $12. Chapter 4: Deception.

Editing 119

Editing Advertising Advertising Marketing 119

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Technology & Marketing Law Blog

MARCH 6, 2023

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v.

Trademark 90

Trademark False Advertising Advertising Advertising 90

43(B)log

SEPTEMBER 28, 2021

1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.”

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

SEPTEMBER 22, 2021

SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 alleged that Musclegen markets its Genepro protein powder product by falsely claiming it contains 30 grams of protein in a roughly 11.15 Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will cover the travel and lodging expenses for invited authors.

Trademark 78

Trademark False Advertising Advertising Advertising 78

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 78

Trademark Advertising Advertising False Advertising 78

43(B)log

MAY 8, 2023

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

Trademark 72

Trademark False Advertising Advertising Advertising 72

LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. According to CareDx, ‘[u]nder 15 U.S.C.

False Advertising 45

False Advertising Advertising Advertising Copying 45

Indiana Intellectual Property Law

JULY 16, 2021

Under the Agreement , ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. Trademark Registration No. ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC. StockX LLC, 1:22-cv-00983-VEC.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

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

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * How did that come about?

Trademark 98

Trademark Advertising Advertising Litigation 98

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. There’s no blanket rule that hashtags can’t constitute infringement, as long as “the use otherwise meets the test for trademark infringement.” This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

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. ” Marketing channel. ” Relatedness of goods.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

Law 91

Law Advertising Advertising False Advertising 91

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 59

False Advertising Advertising Advertising Branding 59

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. In addition to patent infringement, BTL Industries also alleges that JV Medical Supplies has violated its trademark rights.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

Advertising 102

Advertising Advertising False Advertising Trademark 102

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Purlife Brands, Inc., 2023 WL 3046592, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JANUARY 18, 2022

12, 2022) The parties compete in the market for wood protection products. Likewise, against the other defendant, an ad that it plausibly placed in Pallet Central Magazine which said that “WoodLock Bio-Shield Mold Inhibitor is safe for employees and machinery” was also plausibly false advertising. ISK Biocides, Inc.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. Medhelp, P.C., 2021 WL 4149782, No. 2:19-CV-01325-LSC (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 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

Technology & Marketing Law Blog

JUNE 12, 2022

TTAB says “POTIFY” for a marijuana buying app dilutes (by blurring) the “SPOTIFY” trademark. A click fraud case against a competitor: Motogolf fails to state a false advertising claim under the Lanham Act. Trademark lawsuit over MetaBirkins NFTs survives motion to dismiss. Doe, 2021 WL 3631269 (D.

Trademark 90

Trademark Advertising Advertising False Advertising 90

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 79

Trademark Advertising Advertising Settlement 79

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

False Advertising 72

False Advertising Advertising Advertising Litigation 72

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So, is damage to the plaintiff part of the cause of action or no?

False Advertising 69

False Advertising Advertising Advertising Trademark 69