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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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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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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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UK Court Hands Down Suspended Jail Sentence to eBay Seller of Pirate IPTV Boxes

TorrentFreak

Trading Standards officers bought three devices that worked as advertised. Mr. Al-Saegh was confronted with the evidence at the City of London Magistrates Court this summer, where he pleaded guilty to multiple violations of the Fraud Act 2006. This resulted in a raid on the man’s house where more boxes were found.

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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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Cybersquatting: Delhi HC on Infiniti Retail Limited v. M/S Croma – Share & Ors.

SpicyIP

The retail chain “Croma”, which was launched in 2006, offers a wide range of retail products ranging from electronic products to kitchen appliances. The Delhi High Court granted ex parte permanent injunction against the defendant entities which were misusing Tata’s “Croma” for fraudulent practices.

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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.