Remove 2023 Remove Designs Remove False Advertising Remove Trademark
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False advertising and TM infringement receive very different damages treatment: case in point

43(B)log

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., The court rejected the damages award.

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Trademark and Unfair Competition Scholarship Roundtable 2023 Reminder: Submissions Due May 15, 2023

43(B)log

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

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Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023

43(B)log

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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Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

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gray marketer's counterclaims against Toyota survive, but it still must defend itself

43(B)log

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.

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” There’s no blanket rule that hashtags can’t constitute infringement, as long as “the use otherwise meets the test for trademark infringement.” Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94
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proximate causation isn't as easy when there's no disparagement

43(B)log

22-cv-03119-PCP, 2023 WL 6284738, F.Supp.3d 27, 2023) HomeLight runs an online platform that matches real estate agents with homebuyers and sellers and requires any agent who accepts a referral resulting in a sale to pay 25% of their commission to HomeLight. I will only discuss the (unsuccessful) advertising-related claims.