LexBlog IP

AUGUST 7, 2023

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

JULY 15, 2022

In addition, the jury reasonably (if just barely) could have found that Core Health began to manufacture Max Racks after the agreement expired in November 2015.” Payment of the profits on those units reduced Core’s monetary liability, but not the violation. “In But the evidence of this was “relatively insubstantial.”

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

OCTOBER 4, 2021

Most of Illinois Tool’s trademark-related claims were time-barred by the statute of limitations and laches. But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool has long sold threadlockers under the trademark “Permatex.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

FEBRUARY 28, 2022

23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! Sex toys don’t seem to have been added until 2015. Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 59