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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 falseadvertising claim.
Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.
2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do have a big question, but there are also falseadvertising aspects of the case. Select Comfort Corp. Baxter; 996 F.3d 3d 925 (8 th Cir.
Vampire Family Brands, LLC v. MPL Brands, Inc., CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive a motion to dismiss, but associated falseadvertising claims don’t.
Holsinger, 2021 WL 3617153, No. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend the life of the shingles.” Shingle Savers counterclaimed, alleging, among other things, falseadvertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act.
Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use. Past issues of Top Trademark Trends: 2021: [link]. Metaverse and NFT Filings Decrease.
Lanham Act FalseAdvertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. Internet Brands. Malwarebytes Inc, , 2021 WL 3493764 (N.D. In Asurvio v.
2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary falseadvertising analysis. FireBlok IP Holdings, LLC v.
Fresh Bourbon allegedly falselyadvertises 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. Compare Kay v. 3d 1014 (N.D.
Courts have rejected Section 230 defenses against claims for falseadvertising, deceptive trade practices, and tortious interference. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v. 3d 1265 (M.D.
2021 WL 5084182, No. 16, 2021) Previous ruling ; new judge still finds the falseadvertising claims sufficiently pled. A previous version of the complaint alleged falseadvertising and contributory falseadvertising, and the latter claim was dismissed; TocMail refiled with a single count of falseadvertising.
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.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and falseadvertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the falseadvertising claims with prejudice.
Winder Laboratories, LLC, 2021 WL 3573118, No. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Contributory falseadvertising: This required direct falseadvertising, here either by the databases or pharmacies.
2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”
It’s 2021 FFS. The court summarizes the applicable legal standard: We agree with Southwest Recreational, the Ninth Circuit opinions, and the treatise author [McCarthy] that in the context of internet searches and search-engine advertising in particular, the critical issue is whether there is consumer confusion. Adler, P.C.
5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for falseadvertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. Dynatemp Int’l, Inc. R421A, LLC, No.
Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Falseadvertising: Not commercial advertising or promotion.
2021 WL 1731604, No. 22, 2021) Rodriguez alleged that Olé’s La Banderita tortillas falselyadvertised Mexican origin based on a Mexican flag front and center on the packaging, the phrase “El Sabor de Mexico!” Gruma Corp, 2021 WL 1557748, No. Rodriguez v. Olé Mexican Foods Inc., EDCV 20-2324 JGB (SPx) (C.D.
18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for falseadvertising, among other claims.” Roberto Coin, Inc. Goldstein, No.
2021 WL 4310576, No. 22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Illinois Tool Works Inc. J-B Weld Co., 3:19-cv-1434 (JAM) (D.
2021 WL 1132147, Nos. 24, 2021) Plaintiffs sought class certification of their falseadvertising claims based on the claims that KIND falselyadvertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. 15md2645, 15mc2645 (S.D.N.Y.
This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
2021 WL 1534988, No. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products.
for trademark infringement, falseadvertising and patent infringement. The Indiana Secretary of State indicates that the corporation was created in 2021. The complaint alleges that JV Medical Supplies advertised, promoted, marketed and sold counterfeit products that included use of the BTL’s EMSCULPT trademark.
4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.
The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Image from here In this guest post, Alphonsa Jojan highlights how the 2021 Amendment Bill falters, on multiple grounds, in ensuring the upliftment of those who depend on Biodiversity and Traditional Knowledge. Where to lean on?
18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for falseadvertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.
It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” In 2021, Videa represented that its AI software can “aid in the diagnosis and prediction of the progression of diseases such as caries or periodontitis.” Overjet, Inc.
Anheuser-Busch, LLC, 2021 WL 3501203, No. Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.” The target of this Action is not Defendant’s use of “a cocktail name as a brand name or fanciful name.” 20-CV-7451 (KMK) (S.D.N.Y.
Drone Whirl LLC, 2021 WL 3474007, No. Using our products description, our pictures that we have taken of our own products even our brand to falsely exploit our reputation, in order to make quick sales. Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D. There are only 3 shops (shop name: ITOMTE, ITOMTE INC.,
Vindex Solutions LLC, 2021 WL 534361, No. 12, 2021) Telebrands sells stuff, including the Hempvana Rocket, a handheld transcutaneous electrical nerve stimulation (TENS) unit, “a pain-relieving pen that uses TENS therapy in the form of direct electrical stimulation to muscles.” Telebrands Corp. 21-cv-00898-BLF (N.D.
American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.
May 19, 2023) Whereas the timeshare falseadvertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.
AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.
2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir. if forced to work the problem through. (1)
2021 WL 1104988, No. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” Monster Energy Co., 20-cv-1409 (LJL) (S.D.N.Y.
or “A Taste of Mexico!”; (b) a Mexican flag on the front and center of the packaging; and (c) the brand name “La Banderita” (or “the flag”), a reference to the Mexican flag displayed prominently on the Products. All the accused products allegedly use: (a) the phrase “El Sabor de Mexico!” Trader Joe’s Co., 4th 874 (9th Cir.
Per the Complaint, Paul Kiley entered The Roller Ready as a Monkey Rung product in the 2021 National Hardware Show, where it was awarded a Retailers’ Choice Award. Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market.
2021 WL 2476879, No. 17, 2021) The parties are cloud-based communications companies. Cybersquatting: Could Nextiva be held liable for the acts of its independent contractor “falsely register[ing] at least one domain name strongly suggestive of the RingCentral brand name.” RingCentral, Inc. Nextiva, Inc.,
Kodiak Cakes, LLC, 2021 WL 1698695, No. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. 19-cv-2454-MMA (MSB) (S.D.
lululemon’s brand also displays prominently in its keyword ads. 2021 WL 3117239 (C.D. June 7, 2021). McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v.
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