43(B)log

SEPTEMBER 27, 2021

2021 WL 4149782, No. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. Medhelp, P.C.,

False Advertising 57

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Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The Indiana Secretary of State indicates that the corporation was created in 2021. 5,572,801 and 6,069,279.

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43(B)log

SEPTEMBER 6, 2021

Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. 19-56008, No.

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43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Now do trademark standing.) McCleese v. Natorp’s, Inc.,

Copying 62

Copying False Advertising Social Media Advertising 62

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

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Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising.

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43(B)log

DECEMBER 23, 2021

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 false advertising analysis. FireBlok IP Holdings, LLC v.

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IP Tech Blog

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. 2021 WL 3117239 (C.D. June 7, 2021).

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LexBlog IP

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., 2021 WL 424286, No. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. Archi’s Acres, Inc.

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43(B)log

SEPTEMBER 14, 2021

Doe, 2021 WL 3684116, No. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. Arizona Board of Regents v. CV-20-01638-PHX-DWL (D.

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Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc.

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43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods.

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LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira has registered the AMUL trademark in Canada for use in association with milk products. Disposition.

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43(B)log

OCTOBER 6, 2021

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.

Law 57

Law Privacy False Advertising Social Media 57

Indiana Intellectual Property Law

MARCH 17, 2023

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC , filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for engaging in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Business 52

Business Marketing Marketing Branding 52

43(B)log

OCTOBER 7, 2021

2021 WL 565813, 2d Civil No. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. Grundman v. Tranik Enters.,

Litigation 57

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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 57

Social Media False Advertising Advertising Advertising 57

43(B)log

AUGUST 24, 2021

2021 WL 3089025, No. 22, 2021) Thayer markets THAYERS Natural Remedies, which are sold in drug stores, grocery stores, and other retail stores nationwide. Henry Thayer Co., 4:20-CV-1678 RLW (E.D. Still, Thayer argued, it was part of a registration it had, albeit a disclaimed part.

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Registration Marketing Marketing Trademark 67

43(B)log

OCTOBER 11, 2021

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 false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No.

Marketing 57

Marketing Marketing False Advertising Advertising 57

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.

Advertising 54

Advertising Advertising Business Reporting 54

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. Injury: Certified alleged monetary damages in the form of lost customers, reduced profits, additional advertising costs, and lost market share. 18-cv-0744 W (KSC) (S.D.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

43(B)log

AUGUST 12, 2021

2021 WL 1215869, No. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. True, the plaintiff in Lexmark sold to customers too, but it was allegedly 100% or nearly of the market, which doesn’t seem to be the case here.

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43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. This actually should have ended the inquiry: no mark, no trademark infringement.

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False Advertising Advertising Advertising Marketing 62

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 57

False Advertising Advertising Advertising Reporting 57

43(B)log

OCTOBER 4, 2021

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.

False Advertising 67

False Advertising Advertising Advertising Trademark 67

43(B)log

SEPTEMBER 7, 2021

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. Trademark infringement: This just wasn’t use in commerce.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

OCTOBER 24, 2023

Defendants admitted that they performed as Jade at a “90’s Kickback Concert” held in three different locations in 2021; they did not account to Reed for any profits. This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited. Reed alleged that Holloway was violating §32 of the Lanham Act.

False Advertising 57

False Advertising Ownership Service Mark Advertising 57

43(B)log

SEPTEMBER 10, 2021

18-30182-beh, 2021 WL 1347193 (E.D. 30, 2021) Previous denial of injunctive relief. There are a number of opinions in this case—the judge spent time on this rather unusual false advertising analysis in a bankruptcy case, including taking care with the expert evidence. In re C2R Global Manufacturing, Inc.,

False Advertising 57

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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.

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Cease and Desist False Advertising Registration Licensing 62

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Marketing channels. Check your calendar. The defendant is a competitor, Luxy.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!)

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43(B)log

AUGUST 24, 2021

2021 WL 3170600, No. 27, 2021) A rare choice of law opinion involving competitors. This is a trademark infringement claim but Lontex asserted claims under various state unfair trade practices law. Thus, Lontex was left with only common-law and federal trademark claims. Lontex Corp. 18-5623 (E.D. But that was no matter. “In

Business 67

Business Law False Advertising Advertising 67

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. On the other hand, because Seeking is on Google Play, confusion is also more likely there because of the similarity of marketing channels.

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