43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

SEPTEMBER 30, 2021

Sanderson continues to use and defend the use of antibiotics, but advertised its chicken products as “100% Natural” and ran advertisements stating that there were “[n]o antibiotics to worry about here.” Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material.

False Advertising 59

False Advertising Artwork IP Advertising 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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 false advertising. Will Freeman focuses his practice on patent litigation in U.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

In so ruling, the Court found that Defendants’ affirmative defenses of laches and acquiescence failed as a matter of law because (1) they were based on an alleged 2017 assignment of the EMERSON QUIET KOOL trademark from American Ductless AC Corp. American Ductless”) to Defendant Emerson Quiet Kool Co.

Trademark 66

Trademark Copying Law False Advertising 66

43(B)log

AUGUST 31, 2021

The 2017 label also references the “coast” and includes a map of Oregon with leaves denoting the locations of the Willamette, Umpqua, and Rogue Valleys. the 2017 reads “ACAMPO, CA • CONTAINS SULFITES.” The labels describe the wine at issue here as an “Oregon Pinot Noir.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

JANUARY 16, 2023

In 2017, the Coalition for Safer Food Processing and Packaging, a group of nonprofit health and food safety advocacy organizations, allegedly detected phthalates in nine of the ten tested cheese powder products and found that the phthalate levels in those cheese powders were on average four times higher than in the 15 natural cheeses tested. “But

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

NOVEMBER 8, 2021

2017), without noting that it had been rejected by the Seventh Circuit in Bell v. However, “All Butter” was ambiguous in context—it was obvious that the product was not a stick of butter, but a cake—and it wasn’t enough to allege that reasonable consumers would expect from the label that there wouldn’t be non-butter shortening. 3d 910 (N.D.

Litigation 67

Litigation False Advertising Law Advertising 67

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.

Editing 45

Editing Contracts Copying Law 45

43(B)log

NOVEMBER 19, 2021

The parties discussed potential partnership in 2017 and 2018, but the discussions didn’t go well. Acquisitive didn’t show that the litigation privilege applied, since it didn’t argue that the citizen petition was part of a judicial or quasi-judicial proceeding. Meanwhile, Aquestive’s Libervant obtained orphan drug designation in 2016.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

DECEMBER 1, 2022

1744, 1757 (2017)…. Second, of course, confusing and explicitly misleading are two very different things—even “fraudulent” and explicitly misleading are two very different things, which is one reason that Lanham Act false advertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 112

IP Copyright Trademark Intellectual Property 112