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. in computer engineering from Pennsylvania State University in 2005.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. If the relief is for only two years, then why does it matter if relief is pushed out to the future?)

Settlement 116

Settlement Advertising Advertising Marketing 116

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

[and that] Plaintiff did no corrective advertising.” 2005) for courts to consider when deciding whether to grant disgorgement damages in a trademark infringement action. Thus, the Court granted the motion with respect to actual damages. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 66

Trademark Advertising Advertising Copying 66

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].

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

JANUARY 16, 2023

Plaintiffs filed this complaint in federal court pursuant to the Class Action Fairness Act of 2005, They alleged violations of multiple state consumer fraud and deceptive business practice laws; unjust enrichment; and breach of warranty. And “The Taste You Love” and “Gooey, Cheesy Goodness” were “textbook puffery.”

Advertising 57

Advertising Advertising False Advertising Litigation 57

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach. 17 years later, I’m still blogging their ignoble trademark lawsuits. WhenU (2d Cir.

Trademark 107

Trademark Advertising Advertising Blogging 107