JD Supra Law

AUGUST 31, 2021

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising.

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43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

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Garrigues Blog

NOVEMBER 6, 2023

Promotional slogans are one of the most commonly used tools in marketing and advertising, their purpose being to create an idea relating to some characteristic of the product or company in the mind of the consumer. apareció primero en Intellectual and Industrial Property Blog - Garrigues.

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43(B)log

DECEMBER 10, 2021

2021 WL 5810487, NO. 7, 2021) It’s very interesting to me that, even as the TMA made injunctive relief much easier to get in Lanham Act cases, courts also seem to be presuming that disgorgement of profits is a standard remedy. This allowed McCormick to advertise what seemed like an attractive lower price and charge more.

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43(B)log

SEPTEMBER 28, 2021

2021 WL 4170997, No. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Crocs, Inc. Effervescent, Inc., 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

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43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

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The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances.

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43(B)log

AUGUST 9, 2021

2021 WL 1293839, No. And it is very plausible that providing assistance with advertising campaigns for clients would necessitate knowledge of the content of the advertisements and the nature of the campaign.” Quick Box, LLC, 2021 WL 1293862, No. Quick Box, LLC, 2021 WL 1293862, No. 7, 2021) A similar case.

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43(B)log

SEPTEMBER 24, 2021

2021 WL 1893074, No. May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the differences in pleading standards applied to trademark and false advertising claims. Maffick LLC v.

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IP and Legal Filings

SEPTEMBER 21, 2022

The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. The issue that is being discussed hear is about the conflict between the advertisement tax and the Good Service Tax and whether the implementation of both taxes lead to the problem of Double taxation. State of U.P [3]

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43(B)log

SEPTEMBER 14, 2021

Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. IHS Global Ltd. 2:18-cv-01025-DCN (D.S.C.

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IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. Several platforms urgently need to change their game mechanics to comply with new rules.

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43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

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Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

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IP Social Media Fair Use Brands 85

43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

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43(B)log

SEPTEMBER 13, 2021

C21-312 TSZ, 2021 WL 3930694 (W.D. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? Zillow Inc.,

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False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 1, 2021

2021 WL 409835, No. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Sending the complaint to twelve customers wasn’t “commercial advertising or promotion.” Elias Indus., Kissler & Co., 20-CV-01011-CCW (W.D.

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Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law was passed to be retroactive to January 1, 2021, meaning it would apply to the entirety of the 2021 tax year.

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43(B)log

OCTOBER 11, 2021

2021 WL 4460806, No. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. It is therefore literally true for the Clorox Defendants and Avicenna to advertise their products as containing sternal chicken collagen.” 18-cv-0744 W (KSC) (S.D.

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43(B)log

SEPTEMBER 15, 2021

InfoWars, LLC, 2021 WL 2115272, No. May 25, 2021) (R&R) This is a defamation case with a Lanham Act chunk. This was not commercial advertising or promotion, but rather “expressions of opinions as commentary during a radio show.” (Is A-20-CV-298-LY (W.D. The parties are various right-wing public figures.

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43(B)log

FEBRUARY 16, 2023

7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y. The court dismissed the Lanham Act claim and declined to exercise subject matter jurisdiction over the remaining claims.

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43(B)log

SEPTEMBER 17, 2021

2021 WL 2453394, No. 16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”

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SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

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43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

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43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. Not every word on a label or ad is a mark.

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43(B)log

OCTOBER 12, 2021

2021 WL 4622504, No. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). Also, and weird to present it this way, Siemens didn’t engage in false advertising to doctors.

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IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

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43(B)log

SEPTEMBER 10, 2021

3d -, 2021 WL 2433944, No. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick.

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False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 25, 2021

Amazon.com, 2021 WL 4819602, No. 20-01628, 2021 WL 1549667, at *2 (E.D. 20, 2021).” [No That’s kind of the point of false advertising law generally, and certainly the “Made in the USA” cases make clear that deviation from what you were promised as part of the bargain is a potential cause of economic loss. Apple, Inc.,

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43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. And that’s true.

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43(B)log

SEPTEMBER 20, 2021

2021 WL 4034222, No. 3, 2021) Defendant RDO has a subsidiary, CRF, which was in the business of “producing, preparing, processing and selling frozen vegetables to frozen vegetable producers, processers, repackers, distributors and wholesale and retail re-sellers, including Pictsweet, for human consumption.” Pictsweet Co.

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LexBlog IP

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

43(B)log

SEPTEMBER 29, 2021

2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants). It Works Marketing, Inc.

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The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. November 2, 2021 - 10 AM: In re Garan Services Corp. November 3, 2021 - 2 PM: In re Danica Patrick Brands, LLC , Serial No. November 9, 2021 - 10 AM: In re BFY LLC , Serial No.

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43(B)log

DECEMBER 7, 2021

3d -, 2021 WL 5768173, NO. 1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. De Cortes v. Brickell Investment Realty, LLC, F.Supp.3d 21-21109-CIV-ALTONAGA/Torres (S.D.

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43(B)log

NOVEMBER 19, 2021

United States, 2021 WL 5371406, No. 18, 2021) I can’t improve upon the court’s excellent summary and won’t try, instead joining in the call for FTC/AGs etc. 18, 2021) I can’t improve upon the court’s excellent summary and won’t try, instead joining in the call for FTC/AGs etc. Dalian Meisen Woodworking Co v. 20-00109 (Ct.

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