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

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” ” Say what?

Trademark 100

Trademark Advertising Advertising False Advertising 100

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.

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False Advertising Advertising Advertising Branding 57

LexBlog IP

MARCH 17, 2024

Here, Crocs sued defendants in 2006. Defendant Diamond Distribution then sued Crocs for defamation, false advertising, and related state torts. The holding, at 12(b)(6); The Court finds that the complaint plausibly establishes that the press release contains materially false statements. Crocs moved to dismiss.

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False Advertising Settlement Advertising Advertising 52

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. American Girl argued independent creation, which seems both plausible and not helpful to a trademark claim. Not to mention that “dilution” is not the same thing as false endorsement!

Law 57

Law Privacy False Advertising Social Media 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. Patent & Trademark Office. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59