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. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

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

BYU Copyright Blog

OCTOBER 11, 2021

In an order filed on October 8, 2020, the Court denied the injunction. In our last update on this case, we noted that the parties had submitted documents arguing for and against the court instituting a preliminary injunction to keep Columbia and its associates from using the disputed trademarks.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. 3d 1137 (9th Cir. SellPoolSuppliesOnline.com, LLC v. Ugly Pools Ariz., App’x 668 (9th Cir.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

43(B)log

MARCH 13, 2023

In March 2020 (I was going to say mid-March, but I recognize there’s a question about how long March 2020 actually was), he began marketing facemasks, including masks he described as “N95” and “Class N95.” Beginning in April 2020, customers began complaining about not receiving orders. Romero operated a drop-shipping business.

False Advertising 56

False Advertising Advertising Advertising Business 56

43(B)log

AUGUST 27, 2024

In late 2020, a new Plaid user interface finally propitiated PNC. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.” Its customers are primarily fintech apps, not bank account holders.

Advertising 52

Advertising Advertising False Advertising Design 52

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. 3d 1370, 2020 USPQ2d 10837 at *3 (Fed. 2020), cert.

Registration 40

Registration False Advertising Trademark Business 40

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. 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.” Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

JUNE 8, 2024

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.'” Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Trademark 129

Trademark Advertising Advertising False Advertising 129

43(B)log

FEBRUARY 24, 2021

may require disclosures and charitable registration: Draper James teachers giveaway. Quebec: registration requirements (doesn’t apply below a certain monetary threshold, and to non-advertising promotions like a contest for employees) + French language availability. Loot boxes are on the horizon. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

Trademark and Copyright Law Blog

APRIL 7, 2020

I have personally reviewed every single application I could find on the USPTO TESS system as of April 6, 2020 related in some way to COVID-19, and as you can imagine, many of them are… wanting , whether because the marks are clearly descriptive, obviously informational, or have some other deficiency. COVID-19 VAX , for vaccines.

Trademark 40

Trademark Registration Branding Branding 40

43(B)log

APRIL 11, 2025

Drive used the symbol in connection with its DRIVE trademark for its Med-Aire mattress products between 2007 and 2020. But it didnt use the symbol in connection with its Med-Aire mark until 2020, two years after Med Way started using its MEDAIR mark. State law false advertising counterclaims also failed for want of public injury.

Trademark 52

Trademark Advertising Advertising False Advertising 52

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. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 10, 2025

What about false advertising? Although McKenzie averred that he was unaware of the fraudulently concocted use of a false assertion of a copyrighted LOVE image until. The copyright registration status of the LOVE image was publicly available information that Plaintiff could, and ultimately did, uncover on his own.

Public Domain 52

Public Domain Licensing Copyright False Advertising 52

43(B)log

FEBRUARY 28, 2022

23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. In March 2020, Healthvana objected, and Telebrands’ counsel indicated that it would rebrand as “Handvana.” “By Healthvana, Inc. Telebrands Corp., 2022 WL 562265, No. Surprised?

False Advertising 64

False Advertising Marketing Marketing Branding 64