43(B)log

SEPTEMBER 21, 2021

R]eferences to classroom locations and physical attendance requirements in Columbia’s syllabi, departmental policies and handbooks, and course registration portal … merely memorialize the pre-pandemic practice; they offered no guarantee that it would continue indefinitely.”

False Advertising 59

False Advertising Contracts Advertising Advertising 59

43(B)log

OCTOBER 9, 2023

False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards. Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

Advertising 72

Advertising Advertising Branding Brands 72

JD Supra Law

JULY 20, 2023

The Lanham Act provides for a national system of trademark registration and creates federal causes of action for trademark infringement, trademark dilution, false advertising, and cybersquatting. 1051 et seq. By: McAfee & Taft

False Advertising 52

False Advertising Advertising Advertising Registration 52

43(B)log

APRIL 29, 2024

The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. As stated in Luxul Technology Inc. Nectarlux, LLC, 78 F. 3d 1156 (N.D.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

Indiana Intellectual Property Law

OCTOBER 27, 2023

1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. Court documents show that Banjo has received a Trademark registration ( No. also known as TerreMax ) for Trademark infringement under 15 U.S.C.

False Advertising 52

False Advertising Trademark Advertising Advertising 52

43(B)log

FEBRUARY 16, 2023

Fraud [not, apparently, pled as fraud on the PTO but argued that way]: “Fraud in procuring a mark occurs when an applicant knowingly makes false, material representations of fact in connection with an application.” “[T]he burden of proving that a party fraudulently procured a trademark registration is heavy.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. The order was temporarily stayed pending full authentication of the Colombian registrations. But it does not seem to require harm.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. BTL Industries holds several trademarks related to its products, including the EMSCULPT trademark under USPTO Registration No. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. It has registrations for the word marks “Litter-Robot,” “Litter-Robot 3,” “Litter-Robot 3 Connect,” and “Litter-Robot Pinch Detect.” Automated Pet Care Prods., Purlife Brands, Inc.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 11, 2023

22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The district court doesn’t appear to care about what the registration is for; I had to look it up.)

Licensing 49

Licensing False Advertising Advertising Advertising 49

Indiana Intellectual Property Law

JULY 16, 2021

Trademark Registration No. ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

LexBlog IP

JANUARY 31, 2024

” Specifically, Disney owns a federal trademark registration for an iconic video clip from the “Steamboat Willie” film, which is used in connection with certain Disney motion pictures. They should closely consider whether these proposed uses present trademark and false advertising risks.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

AUGUST 7, 2023

But Paul Mitchell, they allege, once imported those products into China and registered them with the Chinese government—at a time when Chinese law required that companies test cosmetic imports on animals as a condition of registration. And, according to the complaint, Paul Mitchell was not exempt from that requirement.

Marketing 52

Marketing Marketing False Advertising Advertising 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

APRIL 29, 2024

Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation. After dealing with jurisdiction/proof of service, the court dismissed the copyright infringement claim because no registration had yet been received.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

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

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. April 9, 2019.

Trademark 52

Trademark False Advertising Patent Registration 52

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. I don't know on what statements, since the court rejected the Lanham Act false advertising claims (and see just next for even more weirdness). So it could go to trial.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

JANUARY 13, 2023

Statutory damages/attorneys’ fees: Five 18 argued that Wolf didn’t register any of the named copyrights within three months of publication, and that the alleged infringements of the copyrights predated the effective dates of registration. But what about false advertising? Dastar barred a passing off claim.

False Advertising 72

False Advertising Advertising Advertising Registration 72

IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Branding 81

Branding Brands Branding Trademark 81

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

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. [Not sure how those could be nonpublic, but ok.]

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. Cases about false advertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In

False Advertising 59

False Advertising Artwork IP Advertising 59

BYU Copyright Blog

OCTOBER 11, 2021

The amended complaint gives further details regarding the claims advanced in the previous complaint, and it also identified new claims and associated prayers for relief.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

JULY 15, 2022

They also allegedly solicited monetary donations purporting to preserve Spence’s “dream” and made false statements about his wishes, e.g., “Would Gerry Spence have let this happen?” [I They alleged violations of the Lanham Act (false endorsement and false advertising) and misappropriation of name/likeness under state law.

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The court rejected Mosafer’s argument that the speech was unprotected because the activities of which they complain were illegal under the Foreign Agents Registration Act (FARA).

Law 59

Law False Advertising Social Media Branding 59

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 136

Trademark False Advertising Advertising Advertising 136