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30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act falseadvertising 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”).
Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated falseadvertising claims don’t. In 2017, VFB began selling a pre-mixed canned Bloody Mary cocktail as “Vampire Gourmet Bloody Mary Cocktail,” allegedly made with actual tomatoes and vodka.
Shingle Savers counterclaimed, alleging, among other things, falseadvertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act falseadvertising claims, which don’t require fraud.
Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for falseadvertising and infringing Vogue’s trademarks. 2017: [link]. The firm has registered more than 4,000 U.S.
28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, falseadvertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and falseadvertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and falseadvertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the falseadvertising claims with prejudice.
Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. This makes Colombians abroad get tricked.”
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.
17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer AG, No. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)).
Plaid responded that PNC knew about this as early as 2017 and worked with Plaid to make it easier for PNC customers to connect to fintech apps. PNC sued for counterfeiting, infringement, and falseadvertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.”
of the respondents who were shown the test 2017 homepage and mission page believed that it communicated or implied that Elysium submitted an NDI to the FDA; and (4) a net percentage of 32.4% Damages experts: The court began with a statement that a Lanham Act [falseadvertising] plaintiff must prove causation to get damages.
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 falseadvertising. cum laude , from Georgetown University Law Center in 2017, his Ph.D.
Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. d) Other IP Developments 1.
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 falseadvertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.
Trademark infringement through misleading use of logos or branding: Dark patterns might involve the deceptive use of logos, brand names, or trademarks to mislead users into making purchases or signing up for services they didn’t intend to. This violates copyright laws and may lead to legal actions for copyright infringement.
months first action pendency in 2017. They’ve changed the design, but still claim authenticity: the authenticity is the brand. Herman Miller brings claims of unfair competition, false association, falseadvertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.
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