Erik K Pelton

DECEMBER 20, 2022

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 false advertising and infringing Vogue’s trademarks. 2020: [link]. The firm has registered more than 4,000 U.S.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

MAY 2, 2022

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. Proximity of the products: A factfinder would have to decide the relevance of new v.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

APRIL 15, 2024

Eat Just, GMI’s parent company, filed an ITU for a stylized GOOD Meat mark in 2020; in 2021, defendants entered into agreements granting their security interests in the intent-to-use application to a third party, and also Eat Just assigned the entirety of its business having an interest in the GMI mark to GMI.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

NOVEMBER 5, 2021

16, 2021) Previous ruling ; new judge still finds the false advertising claims sufficiently pled. Thus, Microsoft allegedly falsely advertises its scanner as possessing a security capability that it does not actually possess; TocMail identified statements such as “a higher standard of security at lower cost than. [is

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. I n mid-2020, Marchese allegedly contacted Wakefern about the possibility of joining the Wakefern cooperative. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. RealReal, Inc. 3d 422 (S.D.N.Y. Veronique Idea Corp.,

False Advertising 52

False Advertising Brands Branding Branding 52

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

SEPTEMBER 13, 2024

ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. This wasn’t comparative advertising (or a two-player market). Epoxy: In J-B Weld Co., Gorilla Glue Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. 2020), held that past purchasers couldn’t maintain an injunctive class.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

Advertising 52

Advertising Advertising False Advertising Designs 52

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Maintain your distinct brand identity. . False advertising should be avoided when defaming a product. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MAY 3, 2023

May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.”

Law 40

Law False Advertising Advertising Advertising 40

43(B)log

MAY 22, 2023

Fireball Malt debuted in 2020. The complaint plausibly alleged affirmative misleadingness given that the two products’ labels were “substantially the same,” including the brand name “Fireball,” Sazerac’s fire- breathing dragon logo, the words “RED HOT,” the same color scheme, burnt edge, font and labeling, and the words “CINNAMON.”

Licensing 59

Licensing Law Brands Branding 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 29 (2020); U.S. DEPARTMENT OF JUSTICE’S REVIEW OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (2020). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). It has never offered its services through Groupon.

Trademark 110

Trademark Advertising Advertising Settlement 110

Trademark and Copyright Law Blog

APRIL 7, 2020

Most of these trademark filings are long-abandoned, a field of virtual, sun-bleached bones that should serve as warnings to opportunistic would-be brand owners with their eyes on “trending” terms related to public crises. A similar strategy was employed for I SURVIVED THE CORONAVIRUS/ COVID-19 OF 2020.! An Outbreak of Recent Filings.

Trademark 40

Trademark Registration Brands Branding 40

43(B)log

APRIL 11, 2025

The parties are medical supply companies who use similar marksMed-Aire and MEDAIRto brand the medical air mattresses they sell. Drive used the symbol in connection with its DRIVE trademark for its Med-Aire mattress products between 2007 and 2020. State law false advertising counterclaims also failed for want of public injury.

Trademark 52

Trademark Advertising Advertising False Advertising 52

43(B)log

APRIL 2, 2025

Chocmod tried to defend by arguing that it had trademark rights in its brand name and thus no reasonable consumer would be deceived, particularly because the back label explicitly states that they were made in Canada. 2020), held: [B]rand names by themselves can be misleading in the context of the product being marketed. Emphasis mine.)

Brands 52

Brands Branding Branding Marketing 52

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. This a Tom Sachs painting from his recent series of brand paintings. 20-cv-374-jdp (W.D.

IP 94

IP Trademark Advertising Advertising 94

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 Brands 64