43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Erik K Pelton

DECEMBER 20, 2022

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

OCTOBER 1, 2021

Whole Foods allegedly used and continued to use a photograph of this event in its advertising materials “to show Defendants’ purported commitment to local farms and giving back to the local community.” False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

AUGUST 18, 2022

9, 2022) Interesting case about trademark preemption. Its maker, Applica, paid royalties to Black & Decker for the right to use the name and trademarks in selling small kitchen appliance. “[A] Wal-Mart Stores East, LP, No. A-1-CA-38023, 2022 WL 3221810, -- P.3d The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

OCTOBER 7, 2021

The complaint alleged that Tranik posted watch manufacturer trademarks and logos on AuthenticWatches.com but did not disclose the watches were not eligible for authorized service from the manufacturer. Unsurprisingly, that triggered a federal lawsuit.

Litigation 59

Litigation Advertising Advertising Marketing 59

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