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Chanel reseller can't get summary judgment on whether it talked too much about Chanel

43(B)log

WGACA, LLC, 2022 WL 902931, No. 28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Chanel, Inc. 2253 (LLS) (S.D.N.Y.

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court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs

43(B)log

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. Many of the physical items were Nike sneakers.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co.

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political speech isn't covered by Lanham Act but is protected by Cal anti-SLAPP law

43(B)log

Broidy, 2022 WL 793029, No. 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. Mosafer Inc.

Law 59
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"Australia's #1" is puffery for product sourced from but not sold in Australia

43(B)log

2022 WL 1028024, No. Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. MaxRelief USA, Inc.,

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Ten things to know about NFTs

The IPKat

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

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Battle of the experts: court deals with surveys, damages, other Lanham Act experts

43(B)log

17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. 11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. In re: Elysium Health-ChromaDex Litigation, No.