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

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. January 6, 2015. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. First in Finishing, Inc.’s Registration No. Registration Date.

Trademark 40

Trademark False Advertising Patent Registration 40

43(B)log

SEPTEMBER 22, 2021

Ignoring entity shifts: De Simone used to license a probiotic formula to Alfasigma, which continues to make a probiotic under the same trademark, VSL#3, but now with a different formulation. Now De Simone’s entities compete with Alfasigma. Defendants argued that, under In re GNC Corp., 3d 505 (4th Cir. The district court disagreed.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. Trademark dilution/tarnishment.

False Advertising 45

False Advertising Advertising Advertising Privacy 45

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

SpicyIP

AUGUST 2, 2024

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 false advertising. Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v.

Branding 105

Branding Branding Brands Personality Rights 105

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

FEBRUARY 14, 2025

The four images in dispute were posted on defendants Facebook page between August, 2013, and November, 2015. 30, 2024) The caption seems to be a typo, but its one of the many right of publicity etc. cases by models against adult clubs that used their images in online ads. The defendant here gets summary judgment on laches.

Social Media 52

Social Media Privacy Advertising Advertising 52

LexBlog IP

AUGUST 7, 2023

Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle. Are the reports advertisements? Radiance v NAACP, 1415-68 (4th Cir 2015). Note: these are California state claims so I’ll say I’m puzzled and leave it at that. As an aside, there is no Lanham Act 43(a) cause.

Social Media 52

Social Media Reporting Contracts False Advertising 52

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.

Design 59

Design Designs Law Design Patent 59

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