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.

False Advertising 113

False Advertising Advertising Advertising Patent 113

43(B)log

OCTOBER 12, 2021

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.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.

False Advertising 57

False Advertising Advertising Advertising Branding 57

43(B)log

SEPTEMBER 1, 2021

Despite this, they published MSDSs between 1986 and 2006 that suggested that MTBE gasoline could be handled just like traditional gasoline, according to the same standard of care. If it is used, engineering design and site operations. should be carefully developed to minimize the potential for a release.” Commonwealth by Shapiro v.

Advertising 57

Advertising Advertising Litigation Designs 57

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 high honors in biological science from Tsinghua University in 2006.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62