43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

False Advertising 83

False Advertising Advertising Advertising Copying 83

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). This is true even if the “gravamen” of the complaint is that the slogan promoting “up to 7 HOURS of Energy” is trademark infringement.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

IP and Legal Filings

SEPTEMBER 21, 2021

However, trade dresses and their protection may fall under the ambit of the Trade Marks Act, 1999. 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