43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB’s marks are visible to the public in many places, including on VFB’s website, in the public records of the USPTO, and in various national media due to VFB’s continuous marketing of its products.”

False Advertising 45

False Advertising Advertising Advertising Trademark 45

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting.

Fair Use 59

Fair Use IP Trademark False Advertising 59

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In 2020, the plaintiff learned that “Defendant was using Plaintiff’s Marks in online tamale advertisements and in Google AdWords, which placed Defendant’s products above Plaintiff’s products in search results for the phrase ‘Texas Tamale.'” McNeil case.

Trademark 100

Trademark Advertising Advertising False Advertising 100

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. Nominative fair use factors: Also for a factfinder. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 10, 2023

Both copyright and false advertising claims (based on Sports Mall’s disparagement of eBay sellers as unreliable) survived a motion to dismiss, but the false advertising claim can’t make it past summary judgment, while Krikor received partial summary judgment on the copyright claim. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94