43(B)log

AUGUST 29, 2024

22-cv-540-jdp, 2024 WL 3936444 (W.D. 26, 2024) The parties compete in the hand-held gardening tool market. Fiskars advertises some of its products as having “up to 3x more cutting power.” Fiskars Finland OY AB v. Woodland Tools Inc., But Lexmark didn’t preclude this claim.

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False Advertising Advertising Advertising Design 59

43(B)log

MARCH 7, 2024

3d -, 2024 WL 940089 (N.D. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling —and sometimes they aren’t. Shkipin’s amended false advertising counterclaim fails again. Shkipin, F.Supp.3d Previous ruling.

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Advertising Advertising False Advertising Business 59

CoCal IP Law Institute

OCTOBER 17, 2024

Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. 2024) where the court found in favor of [.] Court of Appeals for the Federal Circuit in Alexsam, Inc. Aetna, Inc., 22-2036 (Fed.

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False Advertising Advertising Advertising Patent 40

43(B)log

OCTOBER 28, 2024

Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D. It was insufficient to provide: 1.

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JD Supra Law

MARCH 14, 2024

101 with respect to claims directed to web-based advertising. March 5, 2024) (Moore, Stoll, Cunningham, JJ.). In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § Chewy, Inc.

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Advertising Advertising Patent Business 62

43(B)log

FEBRUARY 16, 2024

Wong, 2024 WL 553695, NO. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. This wasn’t commercial advertising or promotion. Amazon.com, Inc. C19-0990JLR (W.D. Obviously, the trademark-related claims succeeded.

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Advertising Advertising False Advertising Trademark 49

Olartemoure Blog

NOVEMBER 3, 2023

ii) advertising investment ceilings were established for the operators. iii) operators must submit to COLJUEGOS each year an advertising investment plan that cannot exceed the defined ceilings. iv) advertising of games or practices not authorized by COLJUEGOS is prohibited. This resolution becomes effective on 1 January 2024.

Advertising 52

Advertising Advertising Intellectual Property Branding 52

43(B)log

FEBRUARY 23, 2024

Ferens, 2024 WL 710632, No. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. The Glassdoor review was not “commercial advertising or promotion.” Schabacker v. 22-3778 (E.D.

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Advertising Advertising False Advertising Law 59

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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False Advertising Trademark Advertising Advertising 64

43(B)log

AUGUST 29, 2024

2024 WL 3925408, No. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing.

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False Advertising Advertising Advertising Technology 59

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

SpicyIP

SEPTEMBER 3, 2024

On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. www.haute24.com

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Advertising Advertising Copyright Branding 82

43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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False Advertising Trademark Advertising Advertising 75

JD Supra Law

MARCH 14, 2024

IBM owns two patents that generally relate to improvements in web-based advertising. Chewy, Inc. International Business Machines Corp., 2022-1756 (Fed. Opinion by Moore, joined by Stoll and Cunningham. Chewy sued IBM seeking a declaratory judgment of noninfringement of both patents.

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Patent Advertising Advertising Business 65

43(B)log

OCTOBER 18, 2024

GSP Golf AB, 2024 WL 4276497, No. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf courses in the world. Although the court dismissed a contract claim, copyright and false advertising claims survived. Trackman, Inc. 598 (NRB) (S.D.N.Y.

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False Advertising Contracts Advertising Advertising 52

43(B)log

MAY 13, 2024

2024 WL 2091994, No. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. False advertising claims “do not become claims about transboundary pollution and foreign affairs just because the alleged deception relates to the impact of fossil fuels on the climate.”

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False Advertising Advertising Advertising Law 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

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False Advertising Advertising Advertising Copyright Infringement 59

JD Supra Law

JANUARY 31, 2024

Overflowing with a dynamic mix of weekly blogs, engaging bimonthly podcasts and enriching monthly CLE webinars, ADventures in Law stands as the go-to hub for all things advertising law! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. By: BakerHostetler

Law 84

Law Blogging Advertising Advertising 84

IP and Legal Filings

NOVEMBER 11, 2024

2024 for further understanding of the concept of well-known trademarks. 2024 CITATION OF THE CASE MANU/DE/2398/2024 NAME OF THE COURT HON’BLE HIGH COURT OF DELHI PLAINTIFF IN THE CASE HALDIRAM INDIA PVT. 3500 crores were the advertisement expenses and Rs. Let us look into the said case i.e. Haldiram India Pvt.

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Trademark Brands Branding Branding 70

43(B)log

FEBRUARY 16, 2024

SmileDirectClub, LLC, 2024 WL 559235, No. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. 3:19-cv-00845 (M.D. Thus, causation/harm would predominate.

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False Advertising Advertising Advertising Reporting 59

43(B)log

JULY 8, 2024

3d -, 2024 WL 402925, No. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Abbott Laboratories, F.Supp.3d 4014 (PAE) (S.D.N.Y.

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False Advertising Advertising Advertising Publishing 64

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 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. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

JD Supra Law

MAY 2, 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office.

Editing 68

Editing Advertising Advertising Marketing 68

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y. It was not.

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False Advertising Advertising Advertising Marketing 59

The TTABlog

APRIL 1, 2024

TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? Welch 2024. [Yes] TTABlog Test: Are Nail Polish Strengtheners Related to Dietary Supplements? Goodyear, "Queer Trademarks."

Design 57

Design Designs Registration Trademark 57

JD Supra Law

NOVEMBER 1, 2024

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.

Trademark 68

Trademark Advertising Advertising Brands 68

43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC Financial Services Gp. 2:20-cv-1977 (W.D. I attempt to reconnect.

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Advertising Advertising False Advertising Design 52

JD Supra Law

OCTOBER 21, 2024

On October 3, 2024, in Crocs, Inc. Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product advertisement may give rise to a deceptive advertising claim under the Lanham Act. Effervescent, Inc., By: Sullivan & Worcester

Advertising 62

Advertising Advertising Ownership Patent 62

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc.

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False Advertising Advertising Advertising Patent 68

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Welch 2024. Afrebay, Inc.

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Advertising Advertising Designs Design 51

JD Supra Law

AUGUST 2, 2024

On July 12, 2024, the U.S. NeoGenomics”) from making, using, selling, advertising, or distributing its cancer assay test. v. (“NeoGenomics”) from making, using, selling, advertising, or distributing its cancer assay test. 2024-1324, at *2 (Fed. July 12, 2024). Natera, Inc. Natera, Inc. NeoGenomics Lab’ys, Inc.,

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Advertising Advertising 73

JD Supra Law

NOVEMBER 15, 2024

Effervescent, Inc., 1:06-cv-00605 (Fed.

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False Advertising Advertising Advertising IP 65

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 22-cv-00540 (W.D.

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Design Patent Patent Infringement False Advertising Designs 65

JD Supra Law

OCTOBER 17, 2024

8, 2024) (Chin, Carney, Lee, JJ.). 1-800 Contacts, Inc. 1-800 Contacts, Inc. 22-1634 (2d Cir. By: McDermott Will & Emery

Trademark 65

Trademark Advertising Advertising 65

JD Supra Law

JULY 17, 2024

OPINION] (2024-1324, 2024-1409, 7/12/2024) - Moore, Taranto, and Chen Moore, C.J. The Court affirmed the district court’s grant of a preliminary injunction barring Appellant from making, using, selling, advertising, or distributing Appellant’s product. Precedential and Key Federal Circuit Opinions - 1. NATERA, INC.

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Advertising Advertising Patent 62

Technology & Marketing Law Blog

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” Alsa Refinish LLC v. Walmart Inc.

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Advertising Advertising False Advertising Trademark 82

JD Supra Law

AUGUST 16, 2024

On August 8, 2024, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued his much anticipated and long-awaited opinion in the U.S. Department of Justice's (DOJ) case challenging Google's alleged dominance in online search markets. By: White & Case LLP

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Marketing Marketing Advertising Advertising 65