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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

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Chanel reseller can't get summary judgment on whether it talked too much about Chanel

43(B)log

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

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TINA Issues Warning Letters to Celeb NFT Endorsers

LexBlog IP

Whether launching their own collections , purchasing an expensive profile pic , or simply endorsing new artists , celebrities have embraced blockchain technology and have been extolling the virtues of owning a unique digital collectible across their social media platforms. So what’s the harm? So why does TINA care?

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Building Distinction in Architectural Trade Dress

LexBlog IP

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52
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Thirteen Reasons Why Businesses Fail

azrights

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

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political speech isn't covered by Lanham Act but is protected by Cal anti-SLAPP law

43(B)log

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. The majority view [among federal courts; I bet the Cal.

Law 59
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Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.