LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira has registered the AMUL trademark in Canada for use in association with milk products. Second, the Defendant was misrepresenting itself and creating confusion: they were using exact copies of Kaira’s marks and copyrighted works.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising 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.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

AUGUST 17, 2021

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 false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. LStar didn’t plead its own trademark use. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. Not every word on a label or ad is a mark.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising 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 false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

AUGUST 18, 2021

2021 WL 1176242, No. 29, 2021) This is part of a long-running trademark case, now over 10 years old. 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.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.”

Advertising 101

Advertising Advertising Trademark Settlement 101

The TTABlog

MAY 8, 2023

The Board addressed this single, threshold question: "[I]s Opposer Rebecca Curtin, as a purchaser of goods bearing the challenged mark, entitled to oppose the mark’s registration under Section 13 of the Trademark Act, 15 U.S.C. Rebecca Curtin v, United Trademark Holdings, Inc. The Board said no. Corcamore, LLC v. SFM, LLC , 978 F.3d

Registration 40

Registration False Advertising Trademark Business 40

43(B)log

SEPTEMBER 28, 2021

2021 WL 4134839, No. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).

False Advertising 72

False Advertising Privacy Advertising Advertising 72

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119