Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions. ” Dawgs brief.

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False Advertising Advertising Advertising Patent 115

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. Sufficient dissemination to the relevant public: The requirement is that “the representations must be disseminated sufficiently to the relevant public to constitute advertising or promotion within that industry.”

Advertising 59

Advertising Advertising Confidentiality Business 59

43(B)log

FEBRUARY 7, 2022

But to reach back to 2003, they pointed to Connecticut law stating that if a defendant “fraudulently conceals from [the plaintiff] the existence of [a] cause of. Nestlé then argued that, because this controversy has been in the news since 2003, the plaintiffs have been on “inquiry notice” of their claims for years.

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False Advertising Advertising Advertising Law 59

43(B)log

AUGUST 26, 2021

2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. Meanwhile, in September 2003, Judicial Watch began preparing its October newsletter, which was mailed to donors along with a cover letter signed by Klayman as Judicial Watch’s ‘Chairman and General Counsel.’

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False Advertising Advertising Advertising Editing 45

43(B)log

JUNE 16, 2022

Although members of the public are able to enter for chances to win prizes without paying money, Omaze advertises increased opportunities to win in exchange for larger donations.” Plaintiffs understandably also alleged that this was just an illegal lottery, and it sure has a lottery stench. Then, in Illinois, ex rel. Telemarketing Assocs.,

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False Advertising Advertising Advertising Design 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. with distinction from the United States Naval Academy in 2003. She received her J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

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Trademark False Advertising Litigation Copyright 52