43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Allen Interchange LLC, 2023 WL 5207389, No.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

SEPTEMBER 11, 2023

4th -, 2023 WL 5735552, No. 6, 2023) Doctrinal evolution is so fascinating! Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. Despite different fonts, colors, and design elements, a reasonable jury could find enough similarity to confuse.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

MARCH 31, 2023

Lerner, 2023 WL 2664341, No. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The court denied a motion to dismiss on copyright and trademark etc. Estate of Henry Joseph Darger v. 22 C 03911 (N.D. claims; the latter trouble me for obvious Dastar reasons. [But

Ownership 59

Ownership Art Copyright Registering Trademarks 59