2022 False Advertising Trademark Law 
Erik K Pelton
DECEMBER 20, 2022
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Trademark Scams. © 2022 Erik M.
43(B)log
MARCH 9, 2022
2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” False designation of origin/false advertising: Lasoff v.
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43(B)log
JULY 25, 2024
Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.
43(B)log
MAY 16, 2022
Doe, 2022 WL 1514649, No. May 13, 2022) I wrote an amicus brief in this case. To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.” Arizona Bd. of Regents v. 21-16525 (9th Cir.
43(B)log
FEBRUARY 16, 2023
2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Hollywood Unlocked, Inc.,
43(B)log
APRIL 29, 2022
2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.
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. In re: Elysium Health-ChromaDex Litigation, No. 17-cv-7394 (LJL) (S.D.N.Y. Both parties get partial wins/losses on summary judgment. The report didn’t prove causation.
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