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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.
CV H-17-1068, 2017 WL 2957912, at *8 (S.D. July 11, 2017) (holding that “the mere purchase of AdWords alone, without directing a consumer to a potentially confusing web page, is not sufficient for a claim of trademark infringement,” citing Mary Kay, 601 F. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2017: [link].
Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, falseadvertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.
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.
Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Acko General Insurance.
These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fairuse and consumer protection.
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