43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson sells structural connectors for use in building construction.

Designs 64

Designs Design Copying Copyright Infringement 64

IIPRD

AUGUST 4, 2022

For example, in 2020, @karmanverdi – a Russian Musical Artist – created a novel approach to take photos in Lockdown and titled the series “There are so many ghosts at my site.” False advertising should be avoided when defaming a product. Obtain legal ownership verification. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

AUGUST 24, 2021

CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Walmart Inc., Previously, the court found that all of Walmart’s affirmative defenses failed as a matter of law, except its DMCA defense, which remains for trial.

Copyright 81

Copyright Art Copying Reporting 81

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

The TTABlog

MAY 8, 2023

3d 1370, 2020 USPQ2d 10837 at *3 (Fed. 2020), cert. 3d 1298, 2020 USPQ2d 11277, at * 6-7 (Fed. 2020), cert. Entitlement to a statutory cause of action is a threshold requirement of every inter partes case. Australian Therapeutic Supplies Pty. Naked TM, LLC , 965 F.3d denied , 142 S.Ct. 82 ( (citing Lexmark Int’l, Inc.

Registration 40

Registration False Advertising Trademark Business 40

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 28, 2022

In March 2020, Healthvana objected, and Telebrands’ counsel indicated that it would rebrand as “Handvana.” “By 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. Surprised?

False Advertising 64

False Advertising Marketing Marketing Branding 64