IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. The Nike Suit. StockX Vault NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 59

False Advertising Advertising Advertising Branding 59

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Purchaser Care. Skydiving is expensive.

Trademark 82

Trademark Advertising Advertising Settlement 82

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

AUGUST 26, 2022

2022 WL 3647817, No. 24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. the design Peninsula, like PennEngineering, makes floating fasteners with square-in-square designs.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Trademark: Defendants argued that “color copper” is just an ordinary and straightforward way to describe copper that has been treated to have a striking color.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon alleged that Lens.com infringed its trademark rights (including rights inherited from Novartis AG) by doing so. The Lanham Act false advertising counterclaim was dismissed.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

AUGUST 18, 2022

A-1-CA-38023, 2022 WL 3221810, -- P.3d 9, 2022) Interesting case about trademark preemption. However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. Wal-Mart Stores East, LP, No. The court of appeals disagreed.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. The Ninth Circuit has stated that surveys in trademark cases are to be admitted as long as they are conducted according to accepted principles” and “relevant.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. 20-CV-9589 (KMK), 2022 WL 836773 (S.D.N.Y. Gerber Prods. 2023 WL 122910, No. In Gordon v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. What about statements about how a product was “designed”? Elysium said that its proprietary formulation of two ingredients was “designed” to work together synergistically.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't? 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Fish & Richardson is proud to announce the elevation of 17 attorneys to principals at the firm, effective January 1, 2022. Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. Patent & Trademark Office.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

LexBlog IP

SEPTEMBER 14, 2022

A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule , it would be reviewing and revising its Green Guides in 2022. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. A notice of allowance issued in 2022. the aforementioned book; and USPTO records showing over 570 live registered trademarks using the term “good” to describe meats and processed foods.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others. Sycamore, Nos.

False Advertising 72

False Advertising Advertising Advertising Designs 72

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Controller of Patents & Designs Patent Office Mumbai.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

MARCH 31, 2023

The court denied a motion to dismiss on copyright and trademark etc. Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” claims; the latter trouble me for obvious Dastar reasons.

Ownership 59

Ownership Art Copyright Registering Trademarks 59

LexBlog IP

FEBRUARY 1, 2023

22-148 , both before and after the petition for certiorari was granted on November 21, 2022. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. Numerous amicus briefs were filed in Jack Daniel’s Properties, Inc., ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. The roles of business and consumer have been applied flatly and wrongly. A: they are very close.

Law 119

Law Branding Brands Branding 119