SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. In 2011, in the landmark case of Titan Industries Ltd. Personality Rights: Publicity or Privacy?

Branding 105

Branding Branding Brands Personality Rights 105

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2011: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. So this was like Pernod Ricard USA, LLC v.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

SEPTEMBER 14, 2021

From 2011 to the present, Defendant has published various advertisements stating that it is ranked or rated “#1” by the Today Show. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled. That’s a question of fact.

False Advertising 45

False Advertising Advertising Advertising Television 45

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 4th 310, 327 (2011). Superior Court, 9 Cal.5th 5th 642, 651 (2020).

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False Advertising Advertising Advertising Business 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 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 64

Cease and Desist False Advertising Registration Licensing 64

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

Branding 52

Branding Branding Brands False Advertising 52

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that: 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

False Advertising 52

False Advertising Branding Branding Brands 52

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. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”

Law 59

Law Advertising Advertising False Advertising 59

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

JANUARY 2, 2024

10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., But, under Mantikas v. Kellogg Co., 3d 633 (2d Cir.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

OCTOBER 6, 2021

In a 2011 presentation, Walkowicz discussed their work on NASA’s Kepler Mission studying the constellation Lyra, including the constellation’s brightest star, called Vega.” I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Netscape and 2011 Network Automation cases modified it. Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use? HEY APP STORES–FIX THIS.

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Advertising Advertising Trademark Settlement 126

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. It advised that complications were “rare,” but could have “serious consequences.”

Advertising 59

Advertising Advertising Marketing Marketing 59