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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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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.

Trademark 100
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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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Police Complaint Removes Pirate Bay Proxy Portal from GitHub

TorrentFreak

This GitHub subdomain is a copy of thepirateproxybay.com and appears to be operated by the same people, but it’s not blocked by UK ISPs. Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU).

Music 128
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From Static Symbols to Fluid Brand Identities

IP and Legal Filings

Amul Girl herself is a well-known mark that has been associated in several different contexts with added slogans, at times to make Amul’s advertisement catchier and engaging to its consumers. The Amul Girl which is used to promote the brand is depicted in the form of a cartoon and is frequently updated to match the current social events.

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E&W Court of Appeal upholds TM/passing-off judgment in Lidl v Tesco

The IPKat

All Tesco had copied was the visual concept. Tesco also advanced grounds of appeal challenging the High Court's conclusions on detriment, unfair advantage and due cause in respect of the trade mark infringement claim, and against the finding of copyright infringement. The Court therefore found that they had not infringed copyright.

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Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

The IP Law Blog

The Federal Trademark Dilution Act of 1996, which was substantially revised by the Trademark Dilution Revision Act of 2006, addresses trademark dilution, including dilution by tarnishment and dilution by blurring. Jack in the Box claims that FTX’s Moon Man constitutes, among other things, trademark dilution.