2024 Copying False Advertising 
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 Finland OY AB v. Woodland Tools Inc., Fiskars presented no evidence of consumer deception, and didn’t show literal falsity. But Lexmark didn’t preclude this claim.
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. They were directly competing.
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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. Thingiverse cube Kitchen Cube made and sold copies of the Cube. False advertising: Only ok against Kitchen Cube. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.
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.
Technology & Marketing Law Blog
JUNE 8, 2024
Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”
43(B)log
MARCH 6, 2024
2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. Northwell Health, Inc., 23-CV-5032 (VEC) (S.D.N.Y.
43(B)log
APRIL 29, 2024
2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In In brief: Meishe argued that Tiktok copied its code via an employee who departed. Beijing Meishe Network Technology Co. Tiktok Inc., 23-cv-06012-SI (N.D. As stated in Luxul Technology Inc. Nectarlux, LLC, 78 F. 3d 1156 (N.D.
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