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The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
Despite Romag , the court declines to award disgorgement or fees in this falseadvertising case. A jury found that Harbor Breeze proved all elements of liability for falseadvertising but awarded $0 in damages and profits. But here, evidence connecting falseadvertising to defendants’ profits was lacking. (Is
Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….
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.
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 falseadvertising. in biology and society from Cornell University in 2011.
29, 2021) This is part of a long-running trademark case, now over 10 years old. 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, falseadvertising, and unfair competition. Sturgis Motorcycle Rally, Inc.
27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F.
The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp.,
The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp.,
In 2011, in the landmark case of Titan Industries Ltd. It recognized that a famous personality has the right to control where and how their identity is used, and further stated that publicity rights move much beyond the legal limits of falseadvertising.
Does this cause any problems for the One A Day trademark?) 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one gummy. NY GBL § 349 and § 350 claims survived. Bayer AG, No. App’x 325 (9th Cir.
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.” 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.
Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.
The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. ” Actual confused. “Undetermined.” Not relevant.
But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.
28, 20 This case focuses on trademark use. Drive used the symbol in connection with its DRIVE trademark for its Med-Aire mattress products between 2007 and 2020. And Med-Aire was displayed in flyers at retailers of Med-Aire products since 2011, at trade shows since 2007, and on websites since at least as early as 2009.
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