JD Supra Law

MAY 22, 2023

In this episode of Trending Now - An IP Podcast, Ed White and Amy Pruett take a look at advertising and media trends in 2023 that may affect intellectual property and your brands. By: Williams Mullen

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Advertising Advertising Intellectual Property IP 52

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

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JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

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Trademark Law Trademark Law Advertising 75

The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. Sumi Agro obtained several market authorisations for Kagura in 2023 and 2024.

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Advertising Advertising Patent Infringement Cease and Desist 60

JD Supra Law

DECEMBER 4, 2023

In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s motion seeking leave to amend its complaint to add false advertising claims in the 1313 investigation. This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint.

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JD Supra Law

JUNE 22, 2023

In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the claim. June 2, 2023) (Clifton, Bumatay, By: McDermott Will & Emery Enigma Software Group USA, LLC v.

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43(B)log

DECEMBER 15, 2023

2023 WL 8586681, No. 8, 2023) When does TM logic creep into false advertising cases? The screenshot was “commercial advertising or promotion.” Faire Wholesale, Inc. Tundra, Inc., 23-cv-02538-JSC (N.D. Faire operates an online marketplace connecting wholesalers with retailers.

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43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

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43(B)log

JULY 19, 2023

19-662-CFC, 2023 WL 4561059 (D. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., Natera made superiority claims for its Prospera.

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43(B)log

DECEMBER 22, 2023

2023 WL 8811499, No. 20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. You might think that class action rules can be a bit like Calvinball, and I'd be hard pressed to disagree.

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43(B)log

JANUARY 11, 2023

2023 WL 139714, No. 9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. AHBP LLC v. SA-22-CV-00096-XR (W.D.

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The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. 2023), the court understandably refuses to distinguish it. Exxon Mobil Corp.,

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LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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Advertising Advertising False Advertising Litigation 52

Garrigues Blog

NOVEMBER 6, 2023

Promotional slogans are one of the most commonly used tools in marketing and advertising, their purpose being to create an idea relating to some characteristic of the product or company in the mind of the consumer. apareció primero en Intellectual and Industrial Property Blog - Garrigues.

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LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

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Advertising Advertising Blogging Branding 57

JD Supra Law

MARCH 6, 2023

The NCAA national men’s and women’s basketball tournaments will begin on March 12, 2023 and end with the national championships in early April. Broadcast stations often conduct promotions tied to these tournaments.

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Advertising Advertising Intellectual Property Litigation 52

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covered personal/advertising injury included d. The use of another’s advertising idea in your “advertisement”; or g.

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Advertising Advertising False Advertising Intellectual Property 72

Technology & Marketing Law Blog

JANUARY 15, 2024

District of Columbia , 2023 WL 5964764 (D.C. City of Delray Beach, 2023 WL 6037456 (S.D. Manteca, 2023 WL 3833367 (Cal. June 6, 2023): Breitenbucher “liked” comments and an article in a public forum, Facebook. Newman, 2023 WL 2645555 (5th Cir. Marigot Beach Club and Dive Resort, 2023 WL 2743305 (D.

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LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”

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43(B)log

MAY 8, 2023

The Roundtable will be held on Friday, October 6, 2023. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. The Roundtable will cover the travel and lodging expenses for invited authors.

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Trademark False Advertising Advertising Advertising 72

JD Supra Law

AUGUST 31, 2023

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by Alani Nutrition.

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Branding Brands Branding Advertising 62

43(B)log

APRIL 18, 2023

Geryon Ventures, LLC, 2023 WL 2903668, No. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Zest Anchors, LLC v. 22-CV-230 TWR (NLS) (S.D.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

43(B)log

MARCH 3, 2023

2023 WL 2298748, 2022-1433 (Fed. 1, 2023) Discussion of some district court proceedings here. TRUSTID lost both patent infringement and Lanham Act false advertising claims. TRUSTID, Inc. Next Caller, Inc., I’ll only discuss the latter. TRUSTID developed a caller identification product known as the Authenticator.

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False Advertising Advertising Advertising Patent Infringement 59

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

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43(B)log

MARCH 16, 2023

2023 WL 2504988, No. 13, 2023) Previous district court ruling on irreparable harm ; previous 9 th Cir. Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits.

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43(B)log

MAY 22, 2023

2023 WL 3510374, No. May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A., Hard Candy, Ltd.

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43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Vital Pharmaceuticals, Inc., EDCV 18-1882 JGB (SHKx) (C.D. The court applied a rebuttable presumption of irreparable harm.

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The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Tinderet is an area in Kenya.

IP 81

IP Service Mark Cease and Desist Registration 81

43(B)log

JANUARY 13, 2023

Meadow Gold Dairies Hawaii, LLC, 2023 WL 159907, No. 11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)? 21-00460 LEK-WRP (D.

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43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.

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43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

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False Advertising Advertising Advertising Patent 59

43(B)log

APRIL 25, 2023

BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 19, 2023) Previous discussion. Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. Republic Technologies (NA), LLC v. 16 C 03401 (N.D.

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False Advertising Advertising Advertising Law 59

43(B)log

FEBRUARY 16, 2023

2023 WL 1797266, No. 7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. Navatar Group, Inc. DealCloud, Inc., 21-cv-1255 (SHS) (S.D.N.Y.

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TorrentFreak

AUGUST 5, 2023

Blocking applications 2012-2023 (S2CPI data) In 2012, the Commission received 362 applications, a record that still stands today more than a decade later. The significant caveat is that 250 of those applications were abandoned after failing to meet filing requirements.

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