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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

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.

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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. .

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over dissent, 9th Cir. denies injury presumption to false advertising claimant

43(B)log

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians. 388, 391 (2006).” [Not

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court presumes injury from comparative false advertising for injunctive relief, not monetary

43(B)log

28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. ULC Monastery was founded by George Freeman in 2006. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising.

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CAFC Addresses Standing Requirement in Brooklyn Brew Shop Trademark Dispute

IP Watchdog

For over 30 years, The Brooklyn Brewery Corporation (Brewery) has used the marks BROOKLYN and BROOKLYN BREWERY in connection with the advertising, promotion, and sale of Brewery’s beer and beer-related merchandise. In 2006, Brewery registered BROOKLYN BREWERY as a federal trademark for beer in class 32.

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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

SpicyIP

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. Sungro”), which were sent for DUS testing but also advertised before the testing results came in.

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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” That prompted this litigation. ” UGH.

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